BANCROFT 
LIBRARY 

o 

THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


<f 


53D  CONGRESS,  )  HOUSE  OF  REPRESENTATIVES.        (  REPORT 

3d  Session.      $  (No.  1957. 


WAR  CLAIMS  OF  CERTAIN  STATES  AGAINST  THE  UNITED 

STATES.. 


FEBRUARY  28,  1895. — Committed  to  the  Committee  of  the  Whole  House  on  the  state 
of  the  Union  and  ordered  to  be  printed. 


Mr.  HEKMANN,  from  the  Committee  on  War  Claims,  submitted  the  fol 
lowing 

FAVORABLE  REPORT: 

[To  accompany  H.  R.  8882.] 

The  Committee  on  War  Claims,  to  whom  was  referred  the  bill  (H.  R. 
8822)  "for  the  relief  of  the  States  of  New  York,  New  Jersey,  New 
Hampshire,  Pennsylvania,  Delaware,  Rhode  Island,  Maine,  Massachu 
setts,  Maryland,  Michigan,  Minnesota,  Missouri,  Vermont,  Virginia, 
West  Virginia,  Connecticut,  Colorado,  California,  Illinois,  Indiana, 
Iowa,  South  Carolina,  Kentucky,  Kansas,  Nebraska,  Nevada,  Florida, 
Ohio,  Oregon,  Washington,  Wisconsin,  and  the  cities  of  New  York 
and  Baltimore,  and  for  other  purposes,"  have  carefully  examined  the 
same  and  report  as  follows: 

This  bill  clearly  recites  its  objects  by  specifically  naming  the  claims 
against  the  United  States  on  account  of  "the  costs,  charges,  and 
expenses  incurred  in  aiding  to  maintain  the  common  defense,"  which 
the  Secretary  of  the  Treasury  is  authorized  to  examine  and  adjust  or 
to  reexamineand  readjust  and  report  to  Congress,  or  those  which  he  is 
authorized  to  pay. 

The  first  class  of  said  claims  are  those  which  have  not  been  heretofore 
paid,  or  adjusted  or  examined,  and  wherein  an  examination  and  adjust 
ment  and  report  to  Congress  by  the  Secretary  of  the  Jreasury  is  duly 
authorized,  in  order  to  show  the  amount  of  money  found  by  him  to 
have  been  actually  expended  or  paid  by,  or  due  to,  or  the  amount  of 
the  liabilities  assumajf^y  each  of  said  claimants,  respectively,  and  the 
circumstances  under  which  the  same  arose. 

The  second  class  are  those  heretofore  partially  examined  and 
adjusted,  and  directs  the  Secretary  of  the  Treasury  to  reexainine  and 
readjust  the  same  upon  the  evidence  now  on  file  in  the  Departments, 
together  with  such  additional  or  new  evidence  as  may  be  furnished  by 
the  respective  claimants,  or  procured  by  the  Government  of  the  United 
States,  and  directs  the  Secretary  of  the  Treasury  to  report  to  Congress 
for  its  action  thereon  such  amount  as  shall  be  so  found  due  to  each  of 
said  claimants  respectively. 

The  third  class  are  those  which  have  already  been  examined,  either 
by  the  War  or  by  the  Treasury  Department,  or  by^  this  committee,  or 
by  the  proper  committee  in  the  Senate,  and  recomm'euded  for  payment, 
and  which  the  Secretary  of  the  Treasury  is  authorized  and  directed 
to  pay. 

To  recite  all  the  facts  pertaining  to  the  history  of  each  of  these  sev- 


Z  CERTAIN    WAR    CLAIMS. 

eral  claims  would  involve  too  much  minutiae  and  would  swell  this  report 
into  an  unnecessarily  voluminous  document. 

Your  committee,  therefore,  attach  hereto  an  appendix,  and  make  the 
same  a  part  hereof,  wherein  is  recited  much  of  the  history  of  each  of 
these  claims,  or  reference  made  to  the  numbers  of  the  executive  or  mis 
cellaneous  documents,  or  reports  of  Congressional  committees,  or  other 
official  data,  which  either  recite  or  refer  to  the  facts  and  to  the  history 
of  each  of  said  claims,  and  the  time  when,  place  where,  and  manner 
and  circumstances  under  which  the  same  arose. 

Your  committee,  therefore,  report  for  said  bill  the  accompanying 
substitute  and  recommend  that  it  do  pass. 


APPENDIX. 


TREASURY  DEPARTMENT,  June  21,  1894. 

SIR :  In  reply  to  your  request  of  the  29th  ultimo  for  a  statement  of  the  war  claims 
of  the  several  States,  I  have  the  honor  to  transmit  herewith  copy  of  a  report  of  the 
Third  Auditor,  of  the  19th  instant,  together  with  a  detailed  statement  of  the  claims 
of  the  several  States  against  the  United  .States  for  the  cost,  charges,  and  expenses  in 
aiding  to  maintain  the  "common  defense"  from  1861  to  1865,  filed  under  the  act  of 
Congress  of  July  27,  1861  (12Stat.,  p.  276),  and  acts  supplemental  thereto,  or  amend 
atory  thereof. 

Respectfully,  yours, 

S.  WIKE,  Acting  Secretary. 
Hon.  BINGER  HERMANN,  House  of  Representatives. 


TREASURY  DEPARTMENT,  OFFICE  OF  THE  THIRD  AUDITOR, 

Washington,  D.  C.,  June  19,  1894. 

SIR:  In  reply  to  the  coramuuication  of  Hon.  Binger  Hermann,  House  of  Repre 
sentatives,  of  the  29th  ultimo,  referred  by  you  to  me  on  the  1st  instant  for  report,  I 
have  the  honor  to  inclose  a  detailed  statement  of  the  claims  of  the  several  States 
against  the  United  States  for  the  cost,  charges,  and  expenses  in  aiding  to  maintain 
the  "common  defense" — war  of  the  rebellion,  1861-1865 — filed  under  the  act  of 
Congress  of  July  27,  1861  (12  Stat.,  276)  and  acts  supplemental  thereto  or  amenda 
tory  thereof. 

The  amount  disallowed  in  each  case,  except  claims  for  refund  of  interest,  is  sub 
ject  to  reopening  and  revision  on  presentation  of  new  and  material  evidence,  and 
then  only  the  item  or  items  to  which  such  evidence  applies. 

Oregon,  Nevada,  and  several  other  States  have  presented  claims,  some  of  which 
embrace  the  rebellion  period ;  but  they  were  filed  under  act  of  June  27, 1882  (22  Stat., 
Ill),  for  reimbursement  of  amounts  in  raising  volunteer  and  militia  forces  in  the 
suppression  of  Indian  hostilities. 

On  September  21,  1887,  the  State  of  California  filed  a  claim  against  the  United 
States  under  the  various  acts  of  Congress  for  the  relief  of  States,  which  was  referred 
to  the  War  Department  for  examination  by  a  military  board.  That  portion  of  the 
claim  for  expense  in  the  suppression  of  Indian  hostilities  under  act  of  June  27,  1882, 
amounting  to  $38,323.74,  has  been  examined,  adjusted,  and  finally  closed.  The  bal 
ance  of  the  claim  is  yet  on  the  files  of  the  War  Department,  and  I  have  no  knowl 
edge  as  to  what  portion  is  for  organizing  and  maintaining  home  guards  or  militia,  or 
what  portion  is  for  recruiting  and  paying  volunteers  for  the  service  of  the  United 
States. 

Respectfully,  yours, 

SAMUEL  BLACKWELL,  Auditor. 

Hon.  JOHN  G.  CARLISLE, 

Secretary  of  the  Treasury. 


4  CERTAIN    WAR    CLAIMS. 

Statement  accompanying  Third  Auditor's  letter  of  June  19,1894,  to  the  Secretary  of  the 
Treasury,  in  relation  to  the  claims  of  the  several  States  against  the.  United  States,  for 
the  costs,  charges,  and  expenses  in  aiding  to  maintain  the  "common  defense" — war  of 
the  Rebellion,  1801-1865— filed  under  the  act  of  Congress  of  July  L'7, 1861(12  Stats.,  ,176), 
and  acts  supplemental  thereto,  or  amendatory  thereof. 

MAINE. 


No.  of 
claim. 

Date  when  filed. 

Amount  of 
claim. 

Amount 
allowed  and 
disposed  of. 

Amount 
disallowed. 

1 
2 
3 
4 
5 
6 

April  25,  1862  

$1,  075,  274.  36 
15,  795.  25 
53  250  29 

[     $917,  539.  68 

103,  385.  39 
6,  728.  96 

$226,  780.  22 
53,  866.  49 

July  28  1862 

July  22  1863 

February  25,  1867  

157,251.88 
6,  728.  96 
22.  709.  30 

August  8  1868 

June  19,  1882  

22,  TOO.  30 

Total                                               4-       -     - 

1,331,010.04 

1,  027,  654.  03 

303,  356.  01 

XE\V  HAMPSHIRE. 


1 

2 
3 
4 
5 
6 
7 
8 
9 

April  14   1862  

$92,  046.  91 
787,  436.  80 
440,  228.  69 
29,  975.  75 
25.  877.  84 
7,  269.  42 
17,  823.  99 
6,  832.  02 
5,  099.  69 

I     $799,  443.  84 

136,  024.  04 
19,  685.  06 
25,  577.  87 
5,  594.  62 
15,35:(.94 
5,  609.  69 
4,  003.  02 

$80,  039.  87 

a  304,  204.  65 
10,  290.  69 
299.  97 
1,  674.  80 
2,  470.  05 
1.  222.  33 
1,  096.  67 

May  12  1862         

August  19   1863         

December  20  1865        

January  23  1866           .        

May  10  Io61        

September  11  1868      

January  22  1869         

February  26  1873            

Total    

1,  412,  591.  11 

1,011,292.08 

401,299.03 

VERMONT. 


March  8, 1862 

April  7,1862 

April  16, 1864 

May  17, 1867 

....'.do 

July  11, 1868    

September  24, 1868 

do 

do 

do 

October  3. 1868 

June  17,1871 

February  29, 1872  . 


Total . 


$623,  831. 61 
72, 028.  62 
32, 402.  69 
47,119.96 

18,  788.  04 
46, 169.  45 
30,  077.  62 

6,  672.  20 

22.  750.  00 

4, 065.  02 

876.  56 

19,  892.  04 

61.45 


924,  735.  26 


$566,  614.  30 

71,771.12 

31,207.26 

42,  432. 13 

6  18,  788.  04 

46, 169. 45 

29, 166.  45 

6,  382. 85 

22, 428.  53 

3,  755.  75 

796.  69 

18,  271.  08 

61.45 


857, 845. 10 


$57,  217.  31 

257.  50 

1,195.43 

4,  687.  83 


911. 17 

289.  35 

321. 47 

309.  27 

79.87 

1,  620.  96 


66,  890. 16 


MASSACHUSETTS. 


1 

March        1862     

$1,  316,  344.  79 

$1,  313,  378.  25 

$2,  966.  54 

2 

July  2    1862      

1,  848,  783.  06 

1,845,472.35 

3,310.71 

3 

September  22  1863 

199.  982.  67 

195,781.  05 

4,  201.  62 

4 

November  28,'  1864  

101,  492.  46 

100,  726.  43 

766.  03 

5 

May  1  1865                                                    .       

35.  163.  52 

35,  163.  52 

6 

Sepltemper  23    1868                                

33,  498.  29 

33,  482.  79 

15.50 

7 

March  9   1869         

216,464.17 

212,  751.  72 

3,  712.  45 

g 

January  10   1883                      .              

11,  754.  12 

11,754.12 

9 
10 

June  13,  1883  
October  30  1884                  

437,  387.  39 
141,  656.  56 

270,  379.  25 
85,  125.  54 

c  167,  008.  14 
56,  531.  02 

Total  

4,  342,  527.  03 

4,  104,  015.  02 

238,  512.  01 

a  Bounty. 


6  St.  Albans  raid,  October  1864. 


c  Part  coast  defense. 


CERTAIN    WAR    CLAIMS. 


Statement  accompanying  Third  Auditor's  letter  of  June  19,  1894,  etc. — Continued. 

RHODE  ISLAND. 


No.  of 

claim. 

Date  when  filed.                                  ^tfm.  °f 

Amount 
allowed  and 
disposed  of. 

Amount 
disallowed. 

1 

March  4   1863     $594,271.26 

$589  614  99 

a  $4,  656.  27 

2 

Mav  18   1867          .    ..                   155.252.02 

154  878.95 

373.07 

3 

December  9   1867        .                            6,966.18 

6,  896.  72 

69.46 

4 

September  17   1868  6,122.53 

6,  012.  53 

110.00 

Total  762,  611.  99 

757,  403.  19 

5,  208.  80 

CONNECTICUT. 

1 

March  14,1862  $1,543,432.92 

$1,  484,  163.  46 

b  $59,  369.  46 

2 

April  16,  1863  357,297.72 

350,  707.  19 

9,  590.  53 

3 

Mav  30.  1865  75,805.95 

71,  701.  90 

'     4,  104.  05 

4 

April  25,1866  22,216.91 

22,  211.  57 

5.34 

5 

April  3.  1871  40,  653.  19 

18.  002.  21 

12,  650.  98 

6 

April  10,1871  19,154.89 

19,  135.  12 

19.77 

7 

Muv  29.1871  67.442.92 

24,  962.  50 

42,  480.  42 

8 

June  15.  18il  129.151.44 

129,128.  16 

23.28 

9 

May8,  1872  14,975.94 

14.  975.  94 

10 

April  30,1879  14,831.55 

9.  399.  59 

5,  431.  96 

11 

June  24,  1881  6,  071.  60 

6,  071.  BO 

Total  2,  291  ,  135.  03 

2,  160.  459.  24 

130,  675.  79 

NEW  YORK. 


1 

2 
3 

4 
5 
6 
7 
8 
9 
10 
11 
12 

Ma\22.1862  

$2,  782,  688.  42 
167,  791.  04 
281,  845.  86 
364.  107.  07 
866,  413.  13 
341,  580.  10 
197.  537.  76 
21,  956.  11 
78,  101.  83 
9,066.65 
65,  624.  24 
6,  324.  24 

I  $2.  777,  903.  18 

267,  945.  25 
313,054.83 
513,411.43 
115,461.50 
40,  558.  .<! 
7,  460.  00 
64,  729.  28 
6,  655.  55 
«*) 

w 

e  $172,  576.  28 

13,  900.  61 
51,  052.  24 
353,  001.  70 
226,118.60 
156,  979.  45 
14,  496.  11 
13,  372.  55 
2,  411.  10 

Jnl'v31,1862  

December  2.  1867  ... 

Januarv  2,  1872    

Sfpternber  2,  1872  

December  3.  1873        

June  30,  1874  

July  23,  1879  

June  13.  1883  

Jnly2,  1890  

December  28,  1891  .  . 

January  3,  1894  

Total  

5,  183,  036.  45 

4,  107,  179.  33 

1,  003,  908.  64 

NEW  JERSEY. 


J 

October  14,  1861  

$175  634.08 

$159  258  25 

$16  375  83 

2 

Julv  17.  1862  

311  855  37  j 

310  166  88 

1  688  49 

3 

July  29,  1862  

31  978  96 

31  975  96 

3  00 

4 

July  29,  1865  

33  129  33 

33  1^9  33 

5 

September  5.  1865  

•'  094.38  ' 

2  094  38 

6 

60°  002  43 

600  419  63 

1  582  80 

September  18.  1865  

251  25 

251  25 

8 

November  29,  1865  

30  381.25  ', 

30  256  25 

125  00 

9 

November  1.  1S66  

14  175  ->3 

14  171  '^3 

4  00 

10 

March  5.  1868  

93,  944.  25 

81.648  54 

1°  295  71 

11 

November  20,  1868  

21.  196  44 

21.  193  89 

2  55 

12 

June  9  1870    . 

36  975  01 

34  541  86 

2  433  15 

13 

June  13.  1870  

6,906.94 

0  77li  :u 

134  60 

14 

Julv  15,  1870           

1  479  7" 

1  479  72 

15 

January  7.  1871         

6  704  50 

6  503  25 

201  25 

16 

June  16,  1871  

67,035  27  ' 

64  940  55 

2  094  72 

17 

February  15  1887          ... 

2  637  no 

if) 

Total  

1  438  381.  41 

1  398  803  31 

36  941  10 

a  $2.266.35  interest. 

6  $41,363.83  interest. 

el'he  claim  of  .$131.188.02,  interest,  is  pending  in  the  Supreme  Court  of  the  United  States  on  appeal 
from  Court  of  Claims. 

d  Is  additional  claim  for  interest;  no  action. 

eNo  action. 

/Claim  No.  17  withdrawn  by  State  February  17,  1887,  and  refiled  May  4,  1891;  no  action;  awaiting 
further  evidence. 


CERTAIN    WAR    CLAIMS. 


Statement  accompanying  Third  Auditor's  letter  of  June  19,  1894,  etc. — Continued. 

PENNSYLVANIA. 


Date  when  filed. 


March  1,1862 

June  11,1862 

February  20, 1863  . 

May  4. 1870 

June  30, 1870 

May  25, 1871 

June  18,1874 

June  29, 1874 

June  :iO,  1874 

July  25, 1881 

November  2(1,  1882. 

April  21,1884 

December  5, 1885. . 
February  2, 1887... 

April  18',  1889 

December  5,1892.. 


Total 


Amount  of 
claim. 


$1, 182, 

854, 

81, 

257, 

762, 

33, 

30, 

9, 

100, 

131, 

75, 

14. 

4, 

1. 

14. 

a  14, 


997.  22 
337.  20 
084.  91 
933. 18 
127.  91 
737.  77 
168.86 
819.30 
780.49 
239.  25 
726. 10 
018.14 
921.  04 
300.46 

:::,(;.  :;it 
431.80 


3,  568,  974.  82 


Amount 
allowed  and 
disposed  of. 


1,181,782.94 

8'i4, 856.  92 

78,532.60 

216,301.  14 

677.  659.  29 

81,780,88 

27,  657.  07 

8,064.21 

22, 113.  43 

94,  569.  15 

33,  766.  :.S 

4,  378.  30 

3,  949.  53 

1,001.3'.) 

7.  546.  83 

895.  65 

3,224  855.71 


Amount 
disallowed. 


$1,  214.  28 

19,  480. 28 

2,  552.  31 

41,632.04 

84, 468.  62 

1.957.09 

2,  506. 59 

1,785.09 

78,  667. 06 

36,  670. 10 

41,959.52 

9,  639.  84 

971.  51 

299.  07 

6,  809.  56 

13,  536. 15 

344, 119. 11 


DELAWARE. 


July  27, 1W4 $3,019.20  j  $3,019.20 

May  1,1877 75,166.6::  28,969.76  $46,196.87 

Total 78,185.83  31,988.96  46,196.87 

MARYLAND. 

January  3, 1866  ...                                         $23, 979. 72  $16, 692. 05  !  $7, 287. 67 

May8, 1872 10,996.77  1, 703.21  |  9. 2!i:;.  :.6 

April30.1874 78,812.60  |  66,523.74;  12,288.86 

September  11, 1876 65,337.40!  51,  362.  64  13,974.76 

Total 179,126.49  136,281.64  42,844.85 

VIRGINIA. 

March  17,  1862...  $42, 182. 01  I  $40.072.31  92,109.70 

October  16,  1865 11,  930.46  |  8,397.66  3,532.80 

Total' 54,112.47  48,469.97  5,612.50 

WEST  VIRGINIA. 

1     January  13,  1868 $456.879.03  $456,658.03  $221.00 

KENTUCKY. 

March  17, 1862  . .  $753, 752. 47  $752, 888. 44  !  $864. 03 

March  21, 1862 34,457.00  31,860.55  2,596.45 

August4,1862 340,478.(i:i  332,408.58  8,070.05 

March  19,  1863 i  671, 257.05  I  648,441.48,  22.815.57 

November.  1863 i  304,638.46  296,344.49  8,21)3.97 

September  16. 1864 319,788.90  i  312.536.09:  7,252.81 

March  27,1865 47.00  j 47.00 

August  8, 1866 \...  193,697.71,  187,888.54  5,809.17 

....do I  132,451.01  123, 615. 35  |  '8,835.66 

September  1, 1866 582,  692.  43  579,  454.  2H  3,  238. 15 

March  26, 1867 226.  842.  96  199.  871. 75  j  26, 971.  21 

February  10, 1873 1  70,260.75  56.001,17'  14,259.58 

December  28, 1877 ' I  190,650.00  ' 190,6^0.00 

January  23,  1879 i  973.701.62  : 6973,701.62 


4,794,715.99!      3,521,310.72       1,273,405.27 


No.  13  omitted;  not  rebellion  war  claim;  canal  toll  case,  Green  and  Barren  rivers. 
a  Pending  in  Second  Comptroller's  Office 
b  Interest. 


CERTAIN    WAR    CLAIMS. 

Statement  accompanying  Third  Auditor's  letter  of  June  19,  1894,  etc. — Continued. 

OHIO. 


No.  of 
claim. 

Date  when  filed.                                  A™£  of        a^td 

Amount 

1 

Xoyember  21  1861                                                                  $29  980  01             $25  490  72 

$4  489  29 

2 

June  21,  1862  1,  702,  440.  79         1,  699,  179.  43 

3,  261.  36 

3 

September  26,  1862  88,  709.  22              59,  857.  10 

28,  852.  12 

4 

December  27,  1862  358.  413.  14             356,  617.  50 

1,  795.  64 

August  18  1863                     60  904  41               53  03:'.  30 

7  871.11 

6 

>."«)  y'ember  28.  1863  4,  648.  77                4,  648.  77 

. 

February  13  1866.                                                                  155  890  36             153  150  88 

2  739.48 

8 

July  19  1867                                                                               2°  556  57              22,341  60 

214.  97 

9 

September  19,  1867  a274.924.44             266,282  78 

8,  641.  66 

10 

y<jyeinber27  1867                                                                    98  259  55              28  259  55 

11 

January  2  1868                         .                                                51  649  28              49  757  95 

1,  891.  33 

12 

May  3.  I860  247,558.08            204,861.01 

42,  697.  07 

13 

Xoyember  29  1869                                                                    39  004  71              39,032  11 

32.60 

14 

May  4  1870                      *                                                          13  716  94                9  267.  til 

4  449.33 

15 

February  6   1871                                                                         2,  503  28                2,  450.  68 

52.60 

Ann-list  3  1864                                                                           59  449  67              57,368  77 

2,  080.  90 

16 

May  8  1871                .                                                                 50  928  78              41.  156  09 

9  772.  69 

17 

JuneS  1871               .                                      ....               17  305  67               16,412  23 

893.  44 

18 

June  24  1872                                     .                 *                      49  51°  79              38,644  20 

10,  868.  59 

19 

Au»ust  11.1873.              .                   362167°              32,60421 

36,  012.  51 

20 

July  0.1875                                                    .                            89981.67              88,127.62 

1,  854.  05 

21 

January  13  1881                                                                       53  087  44              22  977  82 

30  109  62 

*  22 

May  11,  1881  45224789      '........ 

b  452,  247.  89 

23 

June  12,  1883  4,51926                2856.60 

1,  662.  66 

do  .    .            ...             .                           .               19  678  68               15  594.78 

4,  083.  90 

25 

September  19,  1883    30,42672              30,321.22 

105.50 

26 

October  25.  1886  ..             ..             2180996    

21,  809.  96 

27 

July  26,  1890    ...                             .                                           5,77951                2,557.70 

3,  221.  81 

28 

October  2.  1890             .  .                                              .2,  531.  83                2,  519.  33 

12.50 

Total  3,974696.14]      3.325,371.56 

649,  324.  58 

MICHIGAN. 


1 

April—  ,1862  

$570,  839.  13 

$562  945.59 

$7,  893.  54 

2 

July  28,  1862  

62,  153.  16 

61,  455.  62 

697.54 

3 

September  29.  1865  

90,326.13 

75,  471.  51 

14,  854.  62 

4 

April  23,  1868  

19  174.76 

19,  139.  91 

34.85 

5 

Odober  8,  1868  

30.531.70 

24  707.69 

5,  824.  01 

6 

February  14,  1870  

59,  993.  00 

59.  688.  00 

305.00 

7 

April  27,  1877  

1,  579.  42 

347.60 

1,  231.  82 

8 

October  20,  1880  

...                   4,  596.  75 

1,  675.  56 

2,  921.  19 

9 

June  11,  1883  

364,  .">74.  J7 

43,  845.  95 

e  320,  728.  32 

Total  .  . 

1.  203.  768.  32 

8i9.  277.  43 

354.  490.  89 

ILLINOIS. 


1  Marcb  1, 1862 

2  June  9. 1862 

3  June  23. 1862 

4  September  2. 1862  . 

5  December  19. 1865. 
October  14. 1867  ... 

6  June  14, 1869 

7  June  14, 1869 


$2,  991. 559.  58 

544, 145. 70 

237.  994.  44 

29, 750. 17 

55, 902. 19 

693, 091. 92 
21,  854.  51 


$3,779,  187.  76  $24,262.13 


52,  812.  13 
197,  874.  85 
17.  896.  32 


3,  090.  06 

d  495,  217.  fa 

3,  958.  19 


Total 4,574,298.51         4,047.771.06 


526,  527.  45 


a  Expenses;  Morgan  raid. 
b  Interest. 


c$320.488.32  interest. 

d  $433,112.03  interest  and  discount. 


CERTAIN    WAR    CLAIMS. 

Statement  accompanying  Third  Auditor's  letter  of  June  19,  1894,  etc. — Continued. 

WISCONSIN. 


No.  of 
claim. 

Date  wheii  filed. 

Amount  of 
claim. 

Amount, 
allowed   and 
disposed  of. 

Amount 
disallowed. 

1 

February  26,  1862 

$215  969  03 

2 

May  19,  1862  

133  245  89 

3 

June  12,  1862  

97  080.  83 

4 

Do  

171  820.  10 

5 

July  9,  1862  

253  010  08 

l$l  070  890  94 

$70  902  87 

6 

September  2,  1862  

173  133  91 

7 

April  28.  1863  

37,  246.  65 

8 

December  9,  1863  

27,215  87 

9 

April  .  'SO,  1866  

33  078.45 

Total  

1,  141,  793.  81 

1,  070,  890.  94 

70,  902.  87 

INDIANA. 


1 

August  2,  1861  $105368951 

$950  460  54 

$103,  228.  97 

2 

March  2C,  1862  .     ..             46379.56 

36,  701   18 

9,  678.  38 

3 

July  23,  1862  514,74005 

442  887.  16 

71  ,  852.  89 

5 

February  27,  1865  .  .  .   ,          103,  877.  63 

83  492.51 

20,385.12 

6 

,)  nl  v  10,  1865  37273039 

275  560.  68 

97,  169.  71 

7 

December  17,  1866  178  680.  04 

99,  059.  91 

79,  620.  13 

8 

J  une  8,  1868  606  979.  41 

a  606,  979*41 

9 

Do  1331.42 

1,  331.  42 

10 

November  14,  1868  125,721.80 

62,  399.  05 

63,  322.  15 

11 

October  8,  1869  &481,  178.  24 

474,  497.  10 

6,  681.  14 

Total  3,  485  308.  05 

2,  425,  058.  73 

1,060,249.32 

No.  4  withdrawn. 


MINNESOTA. 


1 

July  19  1862   .  . 

$17  821  16 

$16  291  84 

$1  529.32 

2 

March  18  1863  . 

3,  938  86 

3  684  99  i 

253.  87 

3 

July  28  1864 

3  373  15 

3  373  15  ' 

4 

December  14,  1866  

751.51 

467.  70 

283.  81 

5 

do 

3,  911  14 

3.  761  14  i 

150.  00 

6 

do 

11  618  1] 

11  503  61 

114.  50 

7 

April  6  1868  

32  678  97 

32,  178  47 

500.  50 

Total  

74  092  90 

71,  260.  90 

2,  832.  00 

IOWA. 


February— 1862  ... 

April  15',  1863 

May  21,  1863 

Noy  ember  26,  1867. 
January  7,  1869  ... 

April  24,  1869 

December  14,  1869. 
January  10,  1874  . . 
June  20,  1890 


Total 


18, 
166, 
229. 

27, 
3, 


824. 51 
287.  90 
451.37 
988.  84 
574.  51 
848.  '23 
779. 42 
759. 16 
789. 15 


$30,  824.  51 
593,  084. 89 

18,  988.  84 

157,842.10 

229,  827.  3!) 

27, 493.  01 

3.759.16 

633.  94 


1,095,303.09         1,062,453.84 


23,  654.  38 

~8,  732.  ii 
20.84 
286. 41 


155. 21 


32,  849.  25 


MISSOURI. 


January  10,1867 $17,236,978.34 

December  21, 1874 c  2,  382, 132,  67 

April  5. 1880 ; 438,  851.  72 

May  29,1890 '  996.37 


Total I     10,  058,  459. 10 


234,  594. 10 
9  6.37 


7, 456, 417. 1 


6, 151.  01 


203,  757.  62 


219,908.63 


Claim  No.  2  merged  into  Xo.  4. 
a  Interest  and  discount. 


6  Expenses  Morgan  raid. 


c  No  authority  to  settle. 


CERTAIN    WAR    CLAIMS. 

Statement  accompanying  Third  Auditor's  letter  of  June  19,  1894,  etc. — Continued. 

NEBRASKA. 


daim!'                                  1)ate  When  filed' 

Amount  of 

claim. 

Amount 
allowed  and 
disposed  of. 

Amount 
disallowed. 

2     September  7  1368  

$122.09 

$122.  09 

No.  1,  war  claim  for  expenses  in  suppressing  Indian  hostilities  in  the  year  1864. 
KANSAS. 

1      April  18,  1862  

$12,351.04 

$12,  301.  22 
a  337.  054.  38 
369,  926.  02 

$49.82 

2     August  2  187° 

337  054  38 

'A     January  24,  1878  

170,  726.  15 

100,  800.  13 

Total  

820,131.57 

719,  281.  62 

100.  849.  95 

OREGON. 

2     August  21,  1884  

$390,  820.  10 

6  $390,  820.  10 

a  Repelling  raid  of  General  Price  in  1864.    6Of  the  amount  disallowed  $132,  183.  29  is  interest. 
RECAPITULATION. 

No.  of 
btate'                         claims. 

.     ..         Amount  al- 

ASSaSSi      lowed  and  d18' 
cLuma  filed.          ^^  of 

Amount  sus 
pended  and 
disallowed. 

Interest  and 
discount. 

$1.  331,  010.  04       $1,  027,  654.  03 
1.412,591.11         1.011,292.08 
924,  735.  26            857,  845.  10 
4,342,527.03         4,104,015.02 
762,611.99             757.403.  19 
2,291,135.03         2,160,459.24 
5,  183,  036.  45         4.  107,  179.  33 
1.  438.  381.  41         1,  398.  803.  31 
3,  568.  974.  82         3,  224  .  855.  71 
78,  185.  83              31,  988.  P6 
179,126.49             136.281.64 
:>4.  112.47              48,469.97 
456.  87!).  if.'.             456.  658.  03 
4,794,715.99         3.521,310.72 
3,  974,  696.  14         3,  325,  371.  56 
1,  203.  768.  32             849,  277.  43 
4,574,298.51         4,047.771.06 
1,  141,  793.  81         1.  070.  890.  94 
3.  485,  308.  05         2,  425,  058.  73 
74,  092.  90              71,  260.  90 
1  ,  095,  303.  09         1,  062,  453.  84 
10,  058,  459.  10         7,  456,  417  80 
122  09 

$303,  356.  01 
401.299.03 
66.890.16 
238,  512.  01 
5.  208.  80 
130,  675.  79 
1,  003,  908.  64 
36.  941.  10 
344,  119.  11 
46,  196.  87 
42,  844.  85 
5,  642.  50 
221.  00 
1,  273.  405.  27 
649,  324.  58 
354.  490.  89 
526,  527.  45 
70,  902.  87 
1.  060.  249.  32 
2,  832.  00 
32,  849.  25 
219,  908.  63 
122.09 
100.  849.  95 
390,  820.  10 

Rhode  Island  4 

$2.  266.  35 
41,  363.  83 
196,  812.  26 

New  York  12 

New  Jersey  17 

Pennsylvania  16 

l)ela  ware  2 

Maryland  4 

973,701.62 
452.  247.  89 
•      320,  488.  32 
433,112.03 

Ohio                          .                                 ^ 

606,979.41 

Minnesota                                                7 

Iowa  9 

Missouri  4 

Nebraska  1 

Kansas  3 

820,131.57             719,281.62 
390,  820.  10    

Ore«'on  1 

132,  183.  29 

Total                                           211 

53,636,816.63       13,872.000.21 

7,  308.  098.  27 

3.  159,  155.  00 

Amount  of  claims  allowed  and  dispose 
Amount  of  claims  suspended  and  disal 
Amount  of  claims  —  no  action  

1  of 

$43.  872,  000.  21 
7,  308  098.  27 

2.  456,  718.  15 

Amount  of  claims  filed 53,  636.  816.63 


10  CERTAIN    WAR    CLAIMS. 

ACTS   OF   CONGRESS   TO   INDEMNIFY   THE    STATES    FOR   EXPENSES 
INCURRED  BY  THEM  IN  DEFENSE  OF  THE  UNITED  STATES. 

[12  Stat.L.,  p.255.] 
AX  ACT  to  refund  and  remit  the  duties  on  arms  imported  by  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  the  Secretary  of  the  Treasury  be,  anil  he  is  hereby,  author 
ized  and  directed  to  refund  and  remit  the  duties  and  imposts  on  all  anus  imported 
into  the  United  States  since  the  first  day  of  May  last,  or  which  may  be  imported 
before  the  first  day  of  January  next,  by  or  for  the  account  of  any  State :  Provided,  The 
Secretary  of  the  Treasury  shall  be  satisfied  that  the  said  arms  are  intended  in  good 
faith,  for  the  use  of  the  troops  of  any  Strife  which  is,  or  may  be,  engaged  in  aiding 
to  suppsess  the  insurrection  now  existing  against  the  United  States. 

Approved,  July  10,  1861. 

12  Slat.  L.,  p.  255.] 

AX  ACT  to  provide  for  the  payment  of  the  militia  and  volunteers  called  into  the  service  of' the  United 
States  from  the  time  they  were  called  into  service  to  the  thirtieth  day  of  June,  eighteen  hundred 
and  sixty -one. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  there  be,  and  hereby  is,  appropriated,  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated,  the  sum  of  five  millions  seven  hundred 
and  sixty  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  to  enable  the 
Government  to  pay  the  militia  and  volunteers  called  into  service  of  the  United 
States,  being  an  additional  amount  required  for  the  fiscal  year  ending  June  thirtieth, 
eighteen  hundred  and  sixty-one. 

Approved,  July  13,  1861. 

[12Stat.L.,p.274.]  » 

AN  ACT  for  the  relief  of  the  Ohio  and  other  volunteers. 

Whereas  the  War  Department  has  decided  that  the  term  of  service  of  the  ninety  days' 
volunteers,  called  out  under  the  act  of  seventeen  hundred  and  ninety-five,  com 
menced  only  on  the  day  when  they  were  actually  sworn  into  the  service  of  the 
United  States;  and  Avhereas  the  troops  now  in  service  of  the  United  States  from 
the  State  of  Ohio  were  not  sworn  into  said  service  until  some  days  after  their 
organization  and  acceptance  as  companies  by  the  governor  of  said  State,  and  that 
for  such  period,  under  existing  laws,  no  payment  can  be  made :  Therefore, 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Cont/ress  assembled,  That  the  proper  disbursing  officer  compute  and  pay  to  the  said 
volunteers  compensation  from  the  day  of  their  organization  and  acceptance  as  com 
panies  by  the  governor  of  the  State  of  Ohio,  as  aforesaid,  until  the  expiration  of  their 
term  of  service. 

SEC.  2.  And  be  it  further  enacted,  That  where  the  militia  of  other  States  are  situated 
similarly  with  those  of  Ohio,  the  War  Department  pay  them  according  to  the  pro 
visions  of  the  foregoing  section. 
Approved,  July  24,  1861. 

[12Stat.L.,  p.  274.] 
AX  ACT  to  refund  duties  en  arms  imported  by  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  the  Secretary  of  the  Treasury  be,  and  is  hereby,  author 
ized  to  refund,  out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  the 
duties  paid  on  arms  imported  by  States,  under  the  conditions  and  subject  to  the 
limitation  of  the  act  approved  the  tenth  day  of  July,  eighteen  hundred  and  sixty- 
one,  entitled  "An  act  to  refund  and  remit  the  duties  on  arms  imported  by  States." 

Approved,  July  25,  1861. 

[12  Stat.  L.,  p.  375.] 

AN  ACT  in  addition  to  an  act  to  refund  and  remit  the  duties  on  arms  imported  by  States,  approved 
July  ten,  eighteen  hundred  and  sixty-one. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  the  authority  given  to  the  Secretary  of  the  Treasury  to 
refund  and  remit  the  duties  and  imposts  on  all  arms  imported  into  the  United  States 
by  or  for  the  account  of  any  State  as  provided  in  the  act  to  which  this  is  an  addition 
shall  extend  to  arms  for  which  orders  or  contracts  were  made  prior  to  the  first  day 


CERTAIN    WAR    CLAIMS.  11 

of  January,  eighteen  hundred  and  sixty-two:  Provided,  That  said  Secretary  shall 
have  satisfactory  proofs  exhibited  to  him  that  the  said  arms  were  actually  purchased 
in  a  foreign  country  for  account  of  a  State,  and  that  the  price  paid  for  the  same  by 
the  State  was  only  the  first  cost,  and  the  usual  and  customary  charges  attending  the 
purchase  and  importation  of  the  same,  exclusive  of  duty. 
Approved,  April  2,  1862. 

[12  Stat.  L.,  p.  264.] 

[Extract  from  an  act  making  additional  appropriations  for  the  support  of  the  Army  for  the  fiscal 
year  ending  June  thirtieth,  eighteen  hundred  and  sixty-two,  and  so  forth.] 

For  amount  required  to  refund  to  the  States  expenses  incurred  on  account  of  vol 
unteers  called  into  the  field,  ten  million  dollars. 
Approved,  July  17,  1861. 

[12  Stat,  L.,  p.  276.] 
AX  ACT  to  indemnify  the  States  for  expenses  incurred  \>y  them  in  defence  of  the  United  States. 

Be  It  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
hi  Congress  assembled,  That  the  Secretary  of  the  Treasury  be,  and  he  is  hereby, 
directed,  out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  to  pay  to  the 
governor  of  any  State,  or  to  his  duly  authorized  agents,  the  costs,  charges,  and 
expenses  properly  incurred  by  such  State  for  enrolling,  subsisting,  clothing,  supply 
ing,  arming,  equipping,  paying,  and  transporting  its  troops  employed  in  aiding  to 
suppress  the  present  insurrection  against  the  United  States,  to  be  settled  upon 
proper  vouchers,  to  be  tiled  and  passed  upon  by  the  proper  accounting  officers  of 
the  Treasury. 

Approved,  July  27,  1861. 

[12  Stat.  L.,  p.  615.] 
A  RESOLUTION  declaratory  of  the  intent  and  meaning  of  a  certain  act  therein  named. 

Whereas  doubts  have  arisen  as  to  the  true  intent  and  meaning  of  act  numbered 
eighteen,  entitled  "  An  act  to  indemnify  the  States  for  expenses  incurred  by  them 
in  defence  of  the  United  States/'  approved  July  twenty-seven,  eighteen  hundred 
and  sixty-one: 

lie  it  resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  ('out/res*  awmbled,  That  the  said  act  shall  be  construed  to  apply  to  expenses 
incurred  as  well  after  as  before  the  date  of  the  approval  thereof. 
Approved,  March  8,  1862. 

[12  Stat.  L.,  p.  616.] 

A  RESOLUTION"  to  authorize  the  Secretary  of  War  to  accept  moneys  appropriated  by  any  State  for 
the'payment  of  its  volunteers,  and  to  apply  the  same  as  directed  by  such  State. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  Aiyerica  in 
Congress  assembled,  That  if  any  state  during  the  present  rebellion  shall  make  any 
appropriation  to  pay  the  volunteers  of  that  State,  the  Secretary  of  War  is  hereby 
authorized  to  accept  the  same,  and  cause  it  to  be  applied  by  the  paymaster- general 
to  the  payments  designated  by  the  legislative  act  making  the  appropriation,  in  the 
same  manner  as  if  appropriated  liy  act  of  Congress;  nnd  also  to  make  any  regula 
tions  that  may  be  necessary  for  the  disbursement  and  proper  application  of  such 
funds  to  the  specific  purpose  for  which  they  may  be  appropriated  by  the  several 
States. 

Approved,  March  19, 1862. 


12 


CERTAIN    WAR    CLAIMS. 


Schedule  of  private  acts  relating  to  State  war  claims  (war  of  1861-1865), 


State. 

Date  of  act. 

Statute  and 
page. 

Pennsylvania  

14  Stat      32 

Missouri  

Apr     17    1866 

14  Stat      38 

West  Virginia  

June  2l'  1866 

14  Stat      68 

Vermont  

J  une   23    1866 

14  Stat     361 

Iowa  

July    95    186Ct 

14  Stat     247 

Indiana  and  Ohio  

Mar     29   18671 

15  Stat        9. 

Colorado  

July    25    1868 

15  Stat.    175. 

Iowa  

Mar      3   1869 

15  Stat     310 

Kentucky  , 

June     8   1872 

17  Stat     346 

Connecticut  

do 

17  Stat.    343 

Connecticut  

Mar      3    1873 

17  Stat     605. 

Delaware  and  Maryland  

Mar.     3    1875 

18  Stat     390. 

Missouri  

Jan      27  1879 

9o  stat    266 

Kentucky  

Mar      3    1881 

21  Stat     513. 

Massachusetts  

Julv     7,  1884 

23  Stat.    204. 

Missouri  

Apr     19    189U 

og  stat       57 

*  Examined  and  settled  by  Secretary  of  War. 

tlncluded  authority  to  examine  ami  report  upon  claims  of  the  State  for  raising  troops  to  defend  the 
State  against  bushwhackers  and  Indians. 
J  Expenses  "Morgan  raid." 

NOTE. — By  act  approved  April  12,  1866,  entitled  "An  act  to  reimburse  the  State 
of  Peimsylvama  for  moneys  advanced  Government  for  war  purposes,"  $800,000  was 
appropriated  to  supply  a  deficiency  in  paying  the  Army  under  the  act  of  March  14, 
1864,  and  to  reimburse  the  State  of  Pennsylvania  for  money  expended  for  payment 
of  militia  in  the  service  of  the  United  States. 

The  act  approved  June  20,  1878,  "making  appropriations  for  sundry  civil  expenses 
of  the  Government  for  the  year  ending  June  30,  1879,  and  for  other  purposes,"  con 
tains  the  following  clause: 

"  Refunding  to  States  expenses  incurred  in  raising  volunteers:  To  indemnify  the 
States  for  expenses  incurred  by  them  in  enrolling,  equipping,  and  transporting 
troops  for  the  defense  of  the  United  States  during  the  late  insurrection,  to  wit:  For 
the  State  of  New  York,  $82.736.78;  for  the  State  of  Pennsylvania,  $29,527.23;  in  all. 
$112,264.01." 

By  act  approved  April  17,  1866,  the  President  was  authorized,  by  and  with  the 
advice  and  consent  of  the  Senate,  to  appoint  three  commissioners  to  ascertain  the 
amount  of  moneys  expended  by  the  State  of  Missouri  in  enrolling,  equipping,  sub 
sisting,  and  paying  such  State  forces  as  had  been  called  into  the  service  in  said  State 
since  24th  of  August,  1861,  to  act  in  concert  with  the  United  States  forces  in  sup 
pressing  the  rebellion.  Said  commissioners  were  required  to  proceed,  subject  to  regu 
lations  to  be  prescribed  by  the  Secretary  of  War,  at  once  to  examine  all  items  of 
expense  made  by  said  State  for  the  purpose,  subject  to  certain  conditions  and  limita 
tions  mentioned,  but  no  allowance  was  authorized  to  be  made  for  any  troops  which 
did  not  perform  actual  military  service  in  full  concert  and  cooperation  with  the 
authorities  of  the  United  States,  and  subject  to  their  orders. 

By  act  approved  June  8,  1872,  the  Secretary  of  the  Treasury  was  directed  to  cause 
to  be  examined,  settled,  and  paid  any  proper  claims  of  the  State  of  Kentucky  for 
money  expended  in  enrolling,  equipping,  subsisting,  and  paying  State  forces  of  Ken 
tucky  called  into  service  in  said  State  after  August  24,  1861,  to  act  in  concert  with 
the  United  States  forces  in  suppressing  the  rebellion,  settlement  to  be  made  upon  the 
principles  and  conditions  and  under  the  limitations  provided  in  the  act  of  Congress 
approved  April  17,  1866,  to  reimburse  the  State  of  Missouri  for  moneys  expended  for 
like  purposes. 


Special  acts  providing  for  rebellion  or  Indian  war  claims,  1861-1882,  and  for  Indian  war 
claims  and  Mexican  invasion  claims,  1865-1882. 


i                               States. 

Date. 

Volume. 

Page. 

California  .  .  . 

June  27,  1882 

22  U.S.  Stats  

Ill 

i 
Oregon  
Nevada  

Aug.    4.  1886 
do  
do  

24  U.  S.  Stats  
24  U.S.  Stats  

217 

217 

Texas  
Colorado  
Kansas  
Nebraska  

do  
do  
do  
do  

24  U.S.  Stats  
24  U.  S.  Stats  
24  U.  S.  Stats  
24  U.  S.  Stats  

217 

217 
217 
217 

Washington  

do  

24  U.  S.  Stats  

217 

CERTAIN    WAR    CLAIMS. 


13 


Statement  of  number  of  men  called  for  by  the  President  of  the  United  States  and  number 
furnished  by  each  State,  Territory,  and  District  of  Columbia  from  April  lo,  1S61,  to 
clone  of  war  of  the  rebellion. 


States,  etc. 


Y^Vt-t--1!™'    Call   of  May  3,   1861   (confirm 
August  6. 1861),  and  under  a. 
militia  fur  3  ,<%,-   11JR,   ,-,.  =nii  iimi  ,,,^T, 


months. 


and  25, 1861,  for  500,000  men. 


ed    by  act   approved 
cts  approved  July  22 


i    Men 

Quota.      fur-        Quota, 
hished. 


Men  furnished  for — 
6  months.  1  year.  2  years.    3  years. 


Total. 


Maine 780 

New   Hampshire ,        780 

Vermont 780 

Massachusetts 1. 560 

Rhode  Island 780 

Connecticut 780 

New  York 13.280 

New  Jersey 3.123  j 

Pennsylvania 12.  500 

Dela  ware 780  j 

M  iiry  la  nd 3, 123 

West  Virginia 2.340 

District  of  Columbia 

Ohio 10, 

Indiana 4. 

Illinois 4. 

Michigan 

Wisconsin 

Minnesota 

Iowa 

Missouri 3. 

Kentucky 3 

Kansas 

Tennessee 1 

Arkansas 

North  Carolina 1 

Nebraska 


683  I 

lie,- 

780 

780  ! 

780 

780 

123 

123 


771 
779 

782 
3,736 
3,147 

2.  4U2 
13.  906 

3,  12o 
20, 175 

773 

""906 

4,720 

12, 357 

4,686 

4,820 

781 

817 

930 

968 

10,  591 


650 


Total 73,391     91,816 


17,560 

9,234 

8,950 

34.  868 

4.955 

13,  057 

109, 056 

19,  152 

82,  825 

3.145 

15.  578 

8.497 

1.627 

67,  365 

38, 832 

47,785 

21,  357 

21.75:! 

4,899 

19,  316 

31,544 


30.950 


863 

1,698 



1,167    


199 


2,715 

27,237    5,129 

3,235    


18, 104 

8,  338 

9,508 

32, 177 

6.286 

10, 865 

89,  281 

11,523 

85.160 

1.  826 

9.355 

12.  757 

1,795 

83,253 

59,  643 

81, 952 

23,  546 

25,499 

5,770 

21,987 

22,  324 

29.966 

6,953 


18,104 

8,338 

9,508 

32,177 

6,286 

10,  865 

120, 231 

11,523 

85.160 

1.826 

3,355 

12,  757 

1,795 

84,116 

61,341 

81,952 

23.546 

25, 499 

6,937 

21,987 

25,238 

35, 095 

6,953 


611.827 


2,715  i    9,147     30.950 


;  91 

657, 868     700,  680 


States,  etc. 


Men  fur-  , 
nished  in  May 
and  June,  1862, 

by  special 

authority,  for 

3  months  (no 

quotas). 


Call  of  July  i'. 

1862,  for  300,000 

men  for  3 

years. 


Call  of  August 

4, 1862,  for  300,- 

000  militia1  for 

9  months. 


Quota. 


Men 
fur 
nished. 


Men 

Quota.       fur 
nished. 


Men  fur 
nished  under 
President's 
proclamation 
of  June  15, 
1863,  for  mili 
tia  for  6 
mouths  (no 
quotas). 


Maine 

New  Hampshire 

Vermont 

Massachusetts 

Rhode  Island 

Connecticut 

New  York 

New  J  ersey 

Pennsylvania 

Delaware 

Maryland 

West  Virginia 

District  of  Columbia 

Ohio 

Indiana 

Illinois 

Michigan 

Wisconsin 

Minnesota 

Iowa 

Missouri 

Kentucky  

Kansas 

Nebraska 


1,723 
4,696 


Total 


15, 007 


9.609 

5,053 

4,898 

19,080 

2.712 

7,  145 

59,  705 

10,  478 

45,  321 

1,  720 

8, 532 

4,650 

890 

36.858 
21,  250 
26, 148 
11, 686 
11,904 
2,681 
10,  570 
17, 269 
14.905 
1,771 


6.644 
6.390 
4,369 

16.  519 
2,742 
9,195 

78, 904 

5,499 

30, 891 

2,508 

3,586 

4.  925 

1.167 

58.  325 

30.  359 

58,  689 

17,  656 
14, 472 

4,626 

24,438 

28,324 

6,463 

2,936 

1,838 


9,609 
5  053 
4.898 

19.  080 
2,712 
7,145 

59,  705 

10,  478 
45,321 

1,720 

8.532 

4,650 

890 

36,858 
21.250 
26, 148 

11,  686 
11,904 

2.681 

10, 570 

17,  269 

14,905 

1,771 

1,228 


7,620 

1,736 

4,781 

16, 685 

2,059 

5.602 

1,781 

10.  787 

32,  215 

1,799 


337 

"958 


334,  835  421. 465  334, 835  ;  87,  588 


103 


3,708 


1,615 
1,148 


2,736 
3,767 


a  3,  284 


a  Furnished  in  November,  1864. 


14 


CERTAIN    WAR    CLAIMS. 


Statement  of  number  of  men  called  for  by  tlie  President  of  the  United  States,  etc. — Cont'd. 


States,  etc. 

Calls  of   October  17,  1863  (which 
embraces  men  raised  by  draft  of 
1863),  and  February  1,'  1864,  for 
500,000  men  for  3  years. 

Call  of  March  14,  1864,  for  200,000 
men  for  3  years. 

Quota. 

Men  fur 
nished. 

Paid 
com 
muta 
tion. 

Total. 

Quota. 

Men  fur 
nished. 

Paid 
com 
muta 
tion. 

Total. 

11,  803 

(i.  469 
5,  751 

11,958 
6,406 
6,726 
17,711 
3,223 
10,  326 
59,  839 
9,187 
36,  723 
2,138 
6,244 
3,988 
4,570 
32,  809 
23,  023 

9g    gig 

1,986 
571 
1,885 
3,703 
463 
1,513 
15,  912 

13,  944 
6,  977 
8,611 
21,414 
3,686 
11.  839 
75,  751 
9,187 
54,  395 
2,573 
7,350 
3,988 
4,888 
32,  809 
23,  023 
28,  818 
19,  330 
15,  469 
3,  054 
8,292 
3  823 

4,721 
2,588 
2,  300 
10,  639 
1,388 
3,168 
32,  794 
6,704 
25,  993 
985 
4,317 
2,  051 
1,702 
20,  595 
13,  008 
18,  524 
7,  821 
7,941 
2,180 
6,  439 
3  925 

7,042 
2,844 
1,601 
17,322 
1,  906 
5,  294 
41,  940 
9,  550 
35,  036 
652 
9,  365 
3,857 
1,  142 
31,  193 
14,  862 
25,  055 
7,344 
10,  314 
2,469 
11,579 
«  10  137 

7,042 
2,965 
1,  690 
18,  937 
1,906 
5,294 
44,  207 
13,720 
45.  082 
1,603 
11,903 
3,857 
1,142 
37,  483 
14,  862 
25,  055 
7,  667 
10,  314 
3,496 
11,  579 
10,  137 
9,689 
2,563 

121 
89 
1,615 

Vermont  

26,  597 
3.469 
7,919 
81,  993 
16,759 
64,  979 
2,  463 
10,  794 
5,127 
4,  256 
51,  465 
32,  521 
4(i,  309 

2,267 
4,170 
10,  046 
951 

2,528 

17,  672 
435 
1,106 

District  of  Columbia 
Ohio              

318 

6,290 

19,  553 
19,  852 
5,  451 

17,  686        1  ,  044 
10,  389        5,  080 
3,  054    

323 

1,027 

16,  097 
9,813 
14,471 
3,523 

8,292 
3,  823 
4,785 
5,374 

4,785 
5,374 

5.789 
1,  409 

6,488 
2,563 

3  241 

Total    

467,  434 

317,0  2 

52,288 

369,  380 

186,  981 

259,  515     32,  678 

292,  193 

Militia  for  100 
days,  mustered 
into  service 
between  April 
23  and  July  18, 
1864. 

Call  of  July  18,  1864,  for  500,  000  men  (reduced  by  excess  of 
credits  on  previous  calls). 

States,  etc. 

Quota. 

Men 
fur 
nished. 

Quota. 

Men  furnished  for  — 

Total. 

1  year. 

2  years.    3  years. 

4  years. 

Paid  com 
mutation. 

11,116 
4,648 
2,665 
21.  965 
1,423 
5,583 
77.  539 
14,  431 
49,  993 
2,184 
10,  947 
2,717 
2,386 
27,  001 
25,  662 
21,  997 
12,  098 
17.590 
4,018 
5,749 
25,  569 
9,871 

8,320 
1,921 
1,861 
6,990 
1,223 
493 
45,  089 
9,587 
44,  489 
1,558 
6,198 
1,  726 
979 
25,  431 
18,  099 
12,  558 
5,960 
10,  905 
2,791 
3,995 
7,782 
5  060 
29 

131 
25 
18 
108 
196 
20 
2,128 
1,184 
433 
9 
246 
28 
59 
748 
597 
535 
57 
86 
205 
60 
1,  295 
169 
3 

2,590 
4,027 
2,081 
24,641 
891 
10,  318 
36,  547 
4,337 
10,416 
593 
3,727 
202 
937 
4,644 
7,158 
2,323 
6,  492 
5,832 
239 
168 
14,  430 
10,  137 
319 

1 

11 

11,  053 
5,973 
3,971 
31,739 
2,310 
10,857 
83,  843 
15,  119 
55,  707 
2,175 
10,  266 
1,956 
2,337 
30,  999 
26,544 
15,  465 
12,  532 
16,  839 
3,238 
4,290 
23,  507 
15,  390 
351 

b!67 

11 

Massachusetts  

4,000 

6,809 

24 
74 

2 
5 
11 
171 

12,  000 

5,640 
769 

7,  675 

Pennsylvania  

12,000 

198 
15 
64 

Maryland  

1,297 

31 

District  of  Columbia 
Ohio        

343 

19 
176 
690 
49 
23 
16 
3 
67 

30,  000 
20,  000 
20,  000 

36,  254 
7,197 
11,328 

5,000 

2,134 

10,000 

3,901 



24 

441 

Total 

113,  000 

83,612   357,152 

223,  044 

8,340 

153,  049 

730 

1,  298  ,  386,  461 

olncludes  militia  furnished  for  six  months,  5,679;  for  nine  months,  2,311;  for  one  year,  1,954 — cred 
ited  as  2,174  three-years'  men. 
6  Furnished  for  three  months. 


CERTAIN    WAR    CLAIMS. 


15 


Statement  of  number  of  men  called  for  by  the  President  of  the  United  States,  etc. — Cont'd. 


Call  of  December  19,  18&Mbr  300,000  men. 

!                             -             < 

States,  etc. 

Men  furnished  for  — 

Total. 

Quota. 

1  year.     2  years.    3  years.    4  years. 

Paid  com 
mutation. 

Maine  .           -                                                  8  389 

4,898             141         1,884                3 
492                 9              775               28 
!i6i;               2!)             550                 9 
1,535  ;            43         2,349                2 
73!  1              92             732 

10 

6,936 
1,304 
1,  550 
3,929 
1,563 
1,325 
34,196 
11,  283 
31,099 
411 
4,944 
2.537 
823 
24,580 
23,308 
28,324 
7,860 
9,922 
2,771 
854 
4,207 
7,«03 
883 

New  Hampshire  2,  072 

Vermont  1.  832 

Massachusetts  1,306 

Rhode  Island  1,  459 

Connecticut  

34                7         1,282              -  2 
9,150         1,645       23,321              67 
0,511         1.075         3,527             155 
26.666             204         3,903              44 
376                 5               30 

New  York  61  076 

13 
15 
282 

New  Jersey  11  695 

Pennsylvania  .           .           40  4:57 

Delaware  938 

Maryland  .  .                 9  142 

3  236            430         1  275 

3 

West  Virginia  4  431 

2  114                8             415 

District  of  Columbia  .         2  92-> 

692              12             116                2 
21  712             641         2  '14 

1 
13 
94 
6 
18 
1 
2 

Ohio  26027 

Indiana  22  582 

20  642             243         2  329 

Illinois  32  902 

25  940             356         2  02*> 

Michigan  10  026 

6  767              41          1  034 

"Wisconsin  12  356 

9  666               15             ''40 

Minnesota  3  636 

2  689              12              68 

Iowa  

772               15              67    

Missouri  13,  984 

3,  161               44         1  002 

Kentucky  10,  481 

1  987  •              7         5  609 

Kansas.  .'  1,222 

622              36            223 

2 

Total  284.  215 

151,363         5,110       54,967             312 

460 

212,  212 

• 
States,  etc. 

Volunteers  and  militia  furnished  at  various  timea  for  — 

1 

9 

3  months. 

| 

>B 

1 

4  months. 

6  mouths. 

8  months. 

£» 

t»i 

H 

Total. 

Tennessee  

739 

6,039 
213 

24,314 
7.702 
3,156 
15,725 
1,080 
1,768 
964 
3,561 
206 
4,165 
1,129 
1,290 
4,555 
545 
1,466 
3  530 

31,092 
8,289 
3,156 
15,725 
1,080 
1,810 
964 
4.903 
206 
6.561 
2,576 
1,290 
5,224 
545 
1,965 
3,530 
93,  441 

Arkansas  



374 

North  Carolina  

California  

Nevada  

" 

Oregon  

42 

Washington  

Colorado  

1,156 

186 

Dakota  

New  Mexico  

1,593 

803 

Alabama  

1,447 

Florida  

Louisiana  

296 

373 

Mississippi  

Texas  

499 

Indian  Nation  

Colored  troops  a  1.  749 

91,  692 

Total..:  

2,045 

1,593 

1,895 

42 

1,363 

373 

8,198 

166,848 

182,  357 

o  Colored  troops  organized  at  various  stations  in  the  States  in  rebellion,  embracing  all  not  specific 
ally  credited  to  States,  and  which  can  not  be  so  assigned. 


16  CERTAIN    WAR    CLAIMS. 

Statement  of  number  of  men  called  for  by  Ihe  President  of  the  United  States,  etc. — Cont'd. 


States,  etc. 

Aggregate. 

Aggregate 
reduced  to 
a  three- 
years' 
standard. 

Quota. 

Men  fur 
nished. 

Paid  com 
mutation. 

Total. 

AT«in« 

73,  587 
35,  897 
32,  074 
139,  095 
18,  898 
44,  797 
507,  148 
92,  820 
385,  369 
13,  935 
70,965 
34.  463 
13,  973 

70,107 
33,  937 
33,  288 
146,  730 
23,  236 
55.  864 
448,  850 
76,  814 
337,  936 
12,  284 
46,  638 
32,  068 
16,  534 
313.  180 
196,  363 
259,  002 
87,  364 
91,827 
24,  020 
76,  242 
109,  111 
75,  760 
20,  149 
31.092 
8,  289 
3,156 
15,  725 
1,080 
1,810 
964 
3,157 
4,903 
206 
6,561 
2,576 
1,290 
5  2''4 

2,007 
692 
.    1,974 
5,318 
463 
1,515 
18.  197 
4,  1!)6 
28,171 
1,386 
3,678 

72,  114 
34,  629 
35,  262 
152,  048 
23,  699 
57,  379 
467,  047 
81,010 
366,  107 
13,  670 
50,316 
32,  068 
16,  872 
319.  <i59 
197,  147 
259,  147 
89,  372 
96,  424 
25,  052 
76,  309 
109,  111 
79,  025 
20,  151 
31,  092 
8,  289 
3,156 
15,  725 
1,080 
1,810 
964 
3,157 
4,  903 
206 
6,561 
2,  576 
1,  290 
5,224 
545 
1,965 
3,530 
93,  441 

56,  776 
30,  849 
29,  068 
124,  104 
17,  866 
50,  623 
392,  270 
57,  908 
265,  517 
10,  322 
41,275 
27,  714 
11,  506 
240,  514 
153,  576 
214,  133 
80.  Ill 
79,  260 
19,  693 
68,  630 
86,  530 
70,  832 
18,  706 
26,  394 
7,836 
3,156 
15,  725 
1,080 
1,673 
964 
*   2,175 
3,697 
206 
4,  432 
1,611 
1,290 
4,654 
545 
1,632 
3,350 
91,789 

New  Hampshire  

Vermont  

Massachusetts  

Rhode  Island  

Connecticut    

New  York  

New  Jersey  

Pennsylvania  

Delaware  

Maryland  

Wes't  Virginia  ...  . 

District  of  Columbia  

338 
6,479 
784 
55 
2,008 
5,097 
3,032 
67 

Ohio  

306,  322 
199,  788 
244,  496 
95,  007 
109,  080 
26,  326 
79,  521 
122,  496 
100,  782 
12,931 
1,560 
780 
1,560 

Indiana  

Illinois  .  . 

Michigan  

Wisconsin.  

Minnesota  

Iowa  

Missouri  

Kentucky  

3,265 
2 

Kansas  

Tennessee  

North  Carolina 

California 

Oregon  

Colorado  

Dakota 

Alabama  

Florida  

Louisiana 

; 

545 
1,965 
3,530 
93,  441 

Texas 

Indian  Nation 

Total  

2,  763,  670 

2,  772,  408 

86,724       2,859,132         2,320,272 

a  Colored  troops  organized  at  various  stations  in  the  States  in  rebellion,  embracing  all  not  specific  - 
ally  credited  to  States,  and  which  can  not  be  so  assigned. 

[Decision  of  the  Second  Comptroller.] 

NOTE. — Claims  of  States  for  interest,  etc. 

The  Second  Comptroller  of  the  Treasury  in  1869  made  the  following  decision: 
Interest  can  in  no  case  be  allowed  by  the  accounting  officer  upon  claims  against 
the  Government  either  in  favor  of  a  State  or  an  individual.  But  in  cases  where  the 
claimant  has  been  compelled  to  pay  interest  for  the  benefit  of  the  Government  it 
then  becomes  a  part  of  the  principal  of  his  claim,  and  as  such  is  allowable.  Such  is 
the  case  of  a  State  which  has  been  obliged  to  raise  money  upon  interest  for  the  sup 
pression  of  hostilities  against  which  the  United  States  should  protect  her.  In  such 
cases  the  amount  of  interest  actually  and  necessarily  paid  will  be  allowed,  without 
reference  to  the  rate  of  it.  (Section  997,  Dec.  2,  Comp.  Ed.  1869,  p.  137.) 

THE  CLAIM  OF  THE  CITY  OF  NEW  YORK. 
See  House  Report  No.  1740,  Fifty-third  Congress,  third  session. 


CERTAIN    WAR    CLAIMS. 


THE  CLAIM  OF  THE  STATE  OF  VERMONT. 


17 


The  facts  and  history  of  this  claim  are  set  forth  in  the  following  official  papers 
from  the  Treasury  Department  and  the  Department  of  Justice. 

TREASURY  DEPARTMENT, 

OFFICE  OF  THE  SECRETARY, 

Washington,  D.  C.,  June  6,  1894. 

SIR  :  In  reply  to  your  communication  of  the  29th  ultimo,  for  information  in  regard 
to  the  claim  of  the  State  of  Vermont  for  expenses  incurred  in  aiding  to  maintain 
the  "common  defense"  between  1861  and  1865,  I  have  the  honor  to  transmit  here 
with  a  report  thereon  by  the  Third  Auditor,  dated  the  4th  instant. 

Respectfully,  yours,  S.  WIKE, 

Acting  Secretary. 
Hon.  BIXGER  HERMANN, 

House  of  Representatives. 


TREASURY  DEPARTMENT, 
OFFICE  OF  THE  THIRD  AUDITOR, 

Washington,  D.  C.,  June  4,  1894. 

SIR  :  I  have  the  honor  to  return  herewith  letter  of  Hon.  Binger  Her 
mann,  House  of  Eepresentatives,  of  the  29th  ultimo,  referred  on  the  1st 
instant  by  you  to  me  for  report.  In  reply  I  inclose  a  detailed  state 
ment  of  the  several  claims  of  the  State  of  Vermont  against  the  United 
States,  for  expenses  in  aiding  to  maintain  the  "common  defense,"  war 
of  the  rebellion,  1861-1865. 

No  final  adjustment  of  the  amount  of  claims  suspended,  viz,  $66,890.16, 
has  yet  been  made  for  reasons  given  in  letter  of  the  Third  Auditor  of 
October  14, 1886,  a  copy  of  which  is  herewith  transmitted. 
Respectfully,  yours, 

SAM'L  BLACKWELL, 

Auditor. 

Hon.  JOHN  G.  CARLISLE, 
Secretary  of  the  Treasury. 


Number  of  installment. 

Date  when 
filed. 

Amount. 

Act  of  Con 
gress. 

1  .. 

i  Mar     8  1862 

$623  831  61 

July  27  1861 

2  

i  Apr     7  1862 

72  028  62 

Do' 

3  

Apr  16  1864 

32  402  69 

Do 

4  

May  17  1867 

47  119  96 

Do 

5....'  

'       "do 

18  788  04 

6  ... 

Julv  11  1868 

46  169  45 

June  23,  1866. 
July  27  1861 

7  

Sept  24  1868 

30  077  62 

Do 

8  

•         do 

6  672  20 

Do 

9  

do 

22  750  00 

Do 

10  

do 

4  065  02 

Do 

11  

Oct      3  1868 

876  56 

Do 

12  

June  17  1871 

19  892  04 

Do 

13  

Feb    29  1872 

61.45 

Do 

Amount  of  claims  filed  

924.735  26 

Amount  of  claims  allowed  

857  845.10 

Amount  of  claims  suspended  

66,  890.  16 

THIRD  AUDITOR'S  OFFICE,  June  4, 1894. 
H.  REP.  1957 2 


18  CERTAIN    WAR    CLAIMS. 

TREASURY  DEPARTMENT,  OFFICE  OF  THE  THIRD  AUDITOR, 

Washington,  I).  C.,  October  14,  1886. 

SIR:  Under  the  act  of  Congress,  approved  July  27,  1861,  to  indemnify  the  States 
for  expenses  incurred  by  them  in  defense  of  the  United  States,  the  State  of  Vermont 
filed  her  claims  in  this  office  at  different  times,  amounting  in  the  aggregate  to 
$924,735.26,  of  which  $857,845.10  has  been  audited  and  paid,  leaving  suspended  a 
balance  of  $66,890.16.  The  State  is  now  asking  for  a  settlement  of  this  balance. 

Pending  the  examination  of  the  accounts,  I  was  informed  that  the  records  in  the 
War  Department  would  show  a  considerable  indebtedness  to  the  United  States  for 
arms  and  equipments  furnished  the  State  of  Vermont  during  the  years  1863  and  1864, 
•which  had  never  been  returned  or  accounted  for.  Accordingly  I  made  inquiry  in 
the  Ordnance  Office  of  the  War  Department,  where  the  fact  was  disclosed  that  in 
the  years  of  1863  and  1864  the  War  Department  furnished  to  Vermont  arms  and 
equipments  of  the  money  value  of  $640,643.85.  In  1875  the  State  was  credited  with 
$4,250,  erroneously  charged  against  the  State's-  quota  December  31,  1864.  In  1877 
there  was  a  further  credit  of  $28,537.22,  value  of  arms,  accoutrements,  and  ammuni 
tion  lost,  expended,  issued  and  burned  between  the  years  1861  and  1865,  credit  there 
for  being  given  under  the  act  of  March  3,  1875. 

There  is  further  credit  of  $64,076.40  for  arms  retained  by  the  United  States,  to 
which  the  State  of  Vermont  would  be  entitled  under  the  act  of  April  23, 1808.  The 
balance  thus  standing  as  indebtedness  against  the  State  on  the  books  of  the  ordnance 
office  amounts  to  $543,780.23.  On  the  23d  of  June,  1866,  Congress  passed  a  joint 
resolution  that  the  Secretary  of  the  Treasury  be  authorized  to  pay  the  State  of  Ver 
mont  any  sum  that  may  be  found  due  after  the  same  shall  have  been  audited  by  the 
proper  officers  of  the  Treasury  Department,  expended  by  the  State  of  Vermont  for 
the  defense  and  protection  of  the  frontier  from  invasion  from  Canada  in  1864,  not 
exceeding  the  sum  of  $16,463.81,  which  I  am  informed  had  been  previously  ascer 
tained  as  the  full  amount  of  her  claim.  Acting  under  this  joint  resolution,  the 
Third  Auditor  allowed  this  sum  of  $16,463.81,  and  the  same  was  paid  to  the  governor 
of  the  State  out  of  the  National  Treasury. 

It  will  be  observed  that  this  money  was  paid  to  the  State  of  Vermont  at  the  very 
time  when  this  indebtedness  was  standing  against  her  on  the  books  of  the  War 
Department.  In  this  connection,  I  deem  it  proper  to  add  that  I  have  information 
received  from  a  credible  source,  that  the  State  sold  the  greater  portion  of  these  arms 
and  equipments,  out  of  which  she  realized  about  $170,000  that  was  deposited  in 
her  treasury. 

The  Legislature  of  Vermont  is  now  in  session,  and  I  have,  therefore,  deemed  it 
proper  to  give  you  this  information  at  this  time,  in  order  that  you  may  take  such 
steps  to  bring  the  subject  to  the  attention  of  the  proper  authorities  of  the  State  as 
you  may  be  advised,  and  as  may  seem  to  be  required.  In  the  meantime,  the  claims 
of  the  State  under  the  act  of  July  27,  1861,  will  be  suspended  in  this  office. 
Very  respectfully, 

JNO.  S.  WILLIAMS,  Auditor. 

Hon.  DANIEL  MANNING, 

Secretary  of  the  Treasury. 


TREASURY  DEPARTMENT, 

OFFICE  OF  THE  SECRETARY, 

Washington,  D.  C.,  June  7, 1894. 

SIR:  In  reply  to  your  communication  of  the  29th  ultimo,  addressed  to  the  Attorney- 
General,  and  by  him  referred  to  this  Department,  requesting  a  copy  of  the  opinion 
of  the  Attorney-General  in  the  matter  of  the  war  claim  of  the  State  of  Vermont 
against  the  United  States  on  account  of  expenses  incurred  by  said  State  in  main 
taining  the  ''common  defense"  between  1861  and  1866,  I  have  the  honor  to  transmit 
herewith  a  copy  of  the  opinion  referred  to. 
Respectfully,  yours, 

S.  WIKE,  Acting  Secretary. 
Hon.  BINGER  HERMANN,  . 

House  of  Representatives. 


DEPARTMENT  OF  JUSTICE, 

Washington,  June  11,  1891. 

SIR  :  I  am  in  receipt  of  your  letter  of  the  5th  ultimo  sitbmitting  inquiries  in  rela 
tion  to  payments  to  be  made  under  the  act  of  March  2,  1891,  entitled  "An  act  to 
credit  and  pay  to  the  several  States,"  moneys  collected  under  the  direct  tax  act  of 
August  5,  1861,  with  iuclosures. 


CERTAIN    WAR    CLAIMS.  19 

As  these  inquiries  relate  mainly  to  the  case  of  the  State  of  Vermont  I  will  answer 
especially  as  to  that  case. 

The  said  act  of  March  2,  1891  (Stat.,  822),  is  intended  to  return  to  the  States  the 
money  taken  from  them  under  section  8  of  the  act  of  August  5, 1861  (12  Stat.,  292). 

It  requires  the  Secretary  of  the  Treasury  to  credit  to  each  state  a  sum  equal  to 
all  collections  made  under  that  act;  and  appropriates  all  sums  necessary  to  reim 
burse  the  State  for  the  money  found  due  to  such  State  under  this  act;  and  directs 
the  Treasurer  of  the  United  .States  to  pay  the  same  to  the  governors  of  the  States. 

The  amount  of  the  direct  tax  going  to  the  State  of  Vermont  under  this  act  of  1891 
is  stated  to  be  $179,407.80. 

Unless  it  shall  appear  that  some  debt  exists  on  behalf  of  the  United  States  against 
the  State  of  Vermont  which  ought  legally  and  properly  to  be  set  off  against  the 
moneys  of  the  direct  tax,  then,  unquestionably,  there  should  be  paid  to  said  State 
under  said  act  of  1891  the  sum  of  $179, 407.80. 

This  case  conies  to  me  for  my  opinion  under  the  following  circumstances. 

It  appears  that  while  preparing  for  the  refund  required  by  said  act  of  March  2, 
and  under  date  of  March  28,  1891,  the  First  Comptroller  made  inquiry  of  the  War 
Department,  whether  any  State  stands  indebted  in  any  Bureau  of  such  Department, 
and  if  so,  the  amount,  and  on  what  account? 

Under  date  of  March  31,  answer  is  made  from  the  ordnance  office,  that — 

"  The  following  States  and  Territories  are  charged  on  the  books  of  this  office  with 
the  following  amounts,  being  for  arms,  etc.,  overdrawn  by  them  under  section  1661, 
Revised  Statutes,  prior  to  February  12,  1887,  viz :  Vermont,  $543,780.23." 

Thereupon  it  was,  upon  the  suggestion  of  the  First  Comptroller,  submitted  to  the 
Second  Comptroller  of  the  Treasury  for  his  opinion  as  to  whether  the  amounts 
charged  against  the  States  named  constitute  such  claims  as  may  be  withheld  by  the 
Secretary  of  the  Treasury  under  act  of  March  3,  1875.  (18  Stat.,  481.) 

The  .Second  Comptroller  makes  answer  April  9,  and  therein  states  with  reference 
to  the  State  of  Vermont  that :  "It  appears  that  the  indebtedness  arose  from  the  fact 
that  the  United  States  Government  loaned  to  the  State  in  October,  1864,  ordnance 
stores  for  the  purpose  of  enabling  it  to  arm  its  militia  in  order  to  be  in  readiness  to 
defend  the  State  against  any  invasion  across  the  Canadian  border  in  aid  of  the  rebel 
lion.  It  is  alleged  that  the  State  sold  a  large  portion  of  these  stores,  and  that  the 
money  received  from  the  sales  was  paid  into  the  State  treasury  and  has  ever  since 
been  retained  by  the  State. 

"It  also  appears  that  the  State  has  an  unadjusted  claim  against  the  United  States, 
amounting  to  $66,890.16.  for  money  expended  under  the  act  of  July  27,  1861,  in  equip 
ping  troops  for  the  Federal  service  in  the  war  of  the  rebellion.  *  *  The  State 
also  claims  that  it  is  entitled  to  be  allowed  the  expense  incurred  by  it  in  arming  and 
equipping  the  State  militia  in  18B4,  to  prevent  the  threatened  raid  from  Canada, 
amounting  to  about  $200,000." 

The  Second  Comptroller  further  says  that  negotiations  for  settlement  were  had,  but 
without  effect;  and  he  suggests  that,  as  the  accounts  between  the  United  States  and 
the  States  and  Territories  have  not  been  audited  and  settled  under  the  Revised 
Statutes,  the  Secretary  might  not  be  justified  in  deducting  them,  yet  he  thinks  that 
a  sufficient  sum  to  cover  the  alleged  indebtedness  should  be  withheld  until  the 
determination  of  the  question. 

Under  date  of  April  27,  the  Second  Comptroller  addresses  a  further  communica 
tion  to  the  Secretary  of  the  Treasury  in  which  he  refers  to  that  of  April  9,  and  says 
that,  upon  further  consideration  of  the  subject  in  connection  with  the  charge  against 
Vermont : 

"  I  feel  by  no  means  satisfied  of  the  legality  of  the  charge  reported  by  the  War 
Department,  but  think  there  is  a  reasonable  doubt  as  to  whether  the  advance  to 
said  State  of  the  large  quantities  of  arms- and  ordnance  stores  did,  under  the  then 
existing  circumstances,  constitute  such  an  indebtedness  on  the  part  of  the  State  to 
the  General  Government  as  to  bring  it  within  the  operation  of  the  act  of  March  3, 
1875." 

He  then  recommends  "that  the  whole  matter  be  referred  to  the  Attorney-General 
with  the  request  for  ;  his  opinion,"  etc.  He  then  proceeds  to  give 

important  historical  statements  bearing  upon  the  question  under  consideration. 

Your  letter  of  May  5  transmits  these  communications  with  other  inclosures,  and 
calls  for  my  opinion  upon  the  questions  involved. 

It  becomes  necessary,  in  relation  to  the  case  of  Vermont,  to  now  consider  the  facts 
and  cir< -umstanees  connected  with  the  transfer,  by  the  United  States  to  that  State, 
of  the  "arms."  etc.,  charged  against  the  State,  and  mentioned  in  the  letter  from  the 
Ordnance  office,  dated  March  31,  1891. 

These  arms  and  stores  consisted  of  field  batteries  of  artillery  with  their  carriages 
and  ammunition,  infantry  muskets  and  ritles  with  their  accouterments  and  ammuni 
tion,  cavalry  equipments,  and  so  forth,  and  consisted  wholly  of  ordnance  and 
ordnance  stores,  and  did  not  include  any  clothing  or  quartermaster  stores. 


20  CERTAIN    WAR    CLAIMS. 

The  stores  charged  were  ordered  to  be  delivered  in  December,  1864,  and  were 
delivered  within  the  State  in  said  month  or  soon  thereafter,  at  the  cost  of  the  Gen 
eral  Government. 

It  has  beeii  said  that  there  is  no  precedent  for  the  case  now  under  consideration. 
Granting  the  truth  of  this,  it  may  be  added  that  no  similar  question  exists  between 
the  United  States  and  any  other  State,  therefore  the  decision  made  relates  exclu 
sively  to  the  case  of  Vermont. 

The  Confederate  attack  on  St.  Albans,  a  Vermont  village,  located  about  12  miles 
from  the  Canadian  line,  occurred  October  19,  1864. 

Lieut.  Bennett  H.  Young,  with  twenty  or  more  Confederates,  appeared  in  that  vil 
lage  and  made  an  attack  iipon  it  in  the  nature  of  a  raid.  The  attacking  party  robbed 
three  banks  of  about  $200,000,  killed  one  man,  wounded  others,  seized  and  took  away 
horses,  took  armed  possession  of  a  portion  of  the  village,  held  many  of  the  citizens 
prisoners  for  awhile,  and  shot  at  groups  of  people  and  individuals  wherever  seen. 

They  claimed  to  be  Confederate  soldiers,  that  they  came  to  retaliate  for  acts  done 
in  the  South,  and  that  they  represented  the  Confederate  States.  In  some  instances 
they  administered  what  they  called  a  Confederate  oath,  and  their  leader  produced  "a 
proclamation''  to  the  people,  declaring  their  purpose  to  be  retaliation,  but  circum 
stances  prevented  the  reading  thereof.  The  band  were  excellently  armed  and  acted 
under  the  orders  of  their  commanding  officer  as  a  military  organization. 

After  seizing  horses  they  were  well  mounted,  and  they  then  moved  off  toward 
Canada  with  their  captures,  in  military  array,  discharging  their  navy  revolvers  at 
citizens  indiscriminately.  They  threatened  and  attempted  to  burn  the  town,  apply 
ing  "Greek  fire,"  which  could  only  be  extinguished  by  being  hewed  out  of  the  wood. 

It  must  be  remembered  that  at  this  time  there  were  from  15,000  to  20,000  or  more 
rebellious  citizens  of  the  United  States  domiciled  or  commorant  in  Canada,  including 
distinguished  accredited  agents  of  the  Confederate  organization. 

It  will  be  also  noted  that  only  one  mouth  previous  to  the  St.  Albans  raid,  a  party 
of  Confederate  soldiers  organized  an  expedition  with  intent  to  liberate  the  Confed 
erate  prisoners  confined  on  Johnsons  Island,  seized  the  Philo  Parsons  on  Lake  Erie, 
and  by  her  aid  seized,  scuttled,  and  grounded  the  Island  Queen,  and  then,  raising  the 
Confederate  flag,  sailed  to  Canada,  where  the  captors  scuttled  and  cast  off  the  Parsons 
and  escaped  with  their  booty  to  the  sheltering  Dominion. 

It  was  also  well  known  that  during  the  year  1864  there  were  parties  of  insurgents 
drilling  at  Marysburg,  and  that  concentrations  were  made  at  Windsor  and  at  other 
places  in  Canada. 

A  project  for  sending  into  the  Northern  States  clothing  infected  with  malignant 
diseases  was  generally  believed  to  exist ;  and  a  purpose  to  burn  Northern  cities  was 
well  established. 

Under  date  of  November  3,  1864,  Mr.  Seward  wrote  to  Lord  Lyons : 

"  While  the  Government  has  been  engaged  in  considering  Earl  Monk's  request, 
our  requisitions  for  the  offenders  whose  crimes  were  committed  011  Lake  Erie,  and 
for  the  burglars  murderers  who  invaded  Vermont,  remain  unanswered.  We  hear 
of  a  new  border  assault  at  Castine,  in  the  State  of  Maine,  and  we  are  warned  that 
plots  are  formed  at  Montreal  to  fire  the  principal  cities  of  the  Union." 

It  is  familiar  history  that,  during  this  period  the  whole  energy  and  power  of  the 
National  Administration  and  Government  were  employed  in  sustaining  and  strength 
ening  the  armies  then  active  in  the  Southern  States  against  the  rebellion. 

Under  these  circumstances,  and  in  view  of  the  history  of  the  times,  it  is  a  correct 
conclusion  that  the  attacks,  made  and  threatened,  upon  the  Northern  border  were  a 
carrying  on  of  the  war  waged  by  the  insurgent  organization,  and  that  the  defense 
of  Vermont  against  incursions  from  Canada  was  a  defense  of  the  United  States 
against  Confederate  insurgents. 

It  seems  now  to  be  beyond  question  that  the  "  St.  Albans  raid  "  was  a  belligerent 
act  of  the  forces  then  at  war  with  the  Union.  It  appears  that  Young  was  appointed 
a  second  lieutenant  June  16,  1864,  and  ordered  to  report  to  Messrs.  Thompson  and 
Clay,  in  the  British  provinces,  for  instructions,  and  October  6th  his  suggestion  "for 
a  raid  upon  accessible  towns  in  Vermont,  commencing  with  St.  Albans,"  was 
approved. 

The  attack  was  known  to  and  authorized  by  those  in  high  Confederate  standing. 

The  letters  captured  by  General  Augur  and  reported  November  12,  1864  (Fart  1, 
Dip.  Cor.,  1865,  p.  13),  supply  the  connecting  details. 

The  military  management  of  the  affair  on  the  part  of  the  United  States  was  at  once 
assumed  by  Major-General  Dix,  commanding  the  Department  of  the  East,  and  his 
somewhat  hasty  order  directing  pursuit  of  the  attacking  party  into  Canada  was 
modified  by  the  President,  who  thus  recognized  the  national  relations  of  the  trans 
action. 

The  final  judicial  act  of  the  proceedings  against  the  raiders  of  the  courts  of  Canada, 
as  reported  by  Mr.  Robert  S.  Hale,  agent  and  counsel  for  the  United  States  before 
the  American  British  Claims  Commission,  was,  upon  warrants  issued  by  Judge  Smith, 
one  of  Her  Majesty's  justices  for  the  superior  court  for  the  province  of  Canada  East, 


CERTAIN   WAR   CLAIMS.  21 

and  five  of  the  persons  charged  were  brought  before  him  upon  an  application  of  the 
United  States  for  their  extradition. 

After  much  delay  Justice  Smith  decided  that  the  persons  were  not  the  subject  of 
extradition.uuder  the  treaty,  but  were  belligerents  against  thejUnited  States  in  com 
mitting  the  acts  complained  of.  He  said : 

"I  am  therefore  constrained  to  hold  that  the  attack  on  St.  Albans  was  a  hostile 
expedition  authorized  both  expressly  and  implied  by  the  Confederate  States,  and 
carried  out  by  a  commissioned  officer  of  their  army  in  command  of  a  party  of  their 
soldiers.  And,  therefore,  that  no  act  committed  in  the  course  of,  or  as  incident  to, 
that  attack  can  be  made  the  ground  of  extradition  under  the  Ashburton  treaty.'1 

The  diplomatic  correspondence  between  this  country  and  Great  Britain  from  the 
date  of  the  St.  Albans  raid  until  the  close  of  the  war  abounds  in  reference  to  this 
raid,  and  to  the  attacks  made  and  threatened  by  insurgents  then  in  Canada. 

Mr.  Secretary  Seward,  under  date  of  October  21,  1864,  writes  to  Mr.  Burnley  con 
cerning  this  raid: 

"  It  is  not  to  be  doubted  that  the  object  of  these  depredations  is  the  same  with 
that  of  the  piratical  operations  which  recently  occurred  on  Lake  Erie,  namely,  to 
embroil  the  Governments  of  the  United  States  and  Great  Britain  in  a  border  war." 

Under  date  of  November  23,  1864,  Mr.  Adams  writes  to  Earl  Kussell  complaining 
of  "the  manner  in  which  the  territories  in  America  under  the  authority  of  Great 
Britain,  both  continental  and  insular,  are  systematically  used  by  the  insurgents 
against  the  United  States  as  bases  for  hostile  proceedings  of  every  description." 

He  refers  to  their  use  of  Nova  Scotia,  New  Brunswick,  and  Bermuda,  and  to  the 
case  of  the  Phllo  Parsons  and  Island  (Jueen,  and  to  the  foray  upon  St.  Albans,  and 
says: 

"  Inroads  by  marauding  ruffians  upon  the  population  of  the  United  States  on  that 
border  can  not  be  tolerated." 

He  refers  to  insurgents  domiciled  in  Canada,  and  gives  notice  of  the  purpose  of 
the  United  States  to  increase  its  naval  armament  upon  the  lakes.  He  adds: 

"In  taking  this  step,  I  am  advised  to  assure  your  lordship  that  it  is  resorted  to 
only  as  an  indispensable  measure  to  the  national  defense." 

Under  these  proceedings  and  declarations  it  must  be  admitted  that  the  assaults 
from  Canada  were  attacks  upon  the  United  States,  and  that  the  defense  of  Vermont 
was  an  act  of  the  National  Government  in  preservation  of  the  Union. 

That  the  State  in  carrying  out  this  national  defense  was  a  natural  procedure  under 
our  system  of  Government. 

At  the  date  of  the  attack  at  St.  Albans  the  legislature  of  Vermont  was  in  session. 
In  his  message  delivered  October  14,  Governor  Smith  commented  upon  the  threats  of 
attack  and  the  lack  of  means  of  defense,  and  stated  that  the  Secretary  of  War  had 
signified  his  willingness  to  furnish  arms,  accouterments,  and  ordnance  stores,  and 
added:  "  I  also  received  personal  assurances  from  the  Secretary  that  camp  equip 
ments,  such  as  might  be  required  for  drill  and  instruction  in  camp,  would  be  freely 
furnished  by  the  Department  to  the  extent  needed  on  proper  requisition." 

November  22d  public  act  No.  1  was  passed,  practically  providing  for  the  enroll 
ment  of  the  arms-bearing  men  of  the  State,  and  dividing  the  State  into  12  military 
districts,  with  duly  constituted  and  officered  military  organizations  in  each. 

Under  this  act  12  regiments  of  infantry,  1  regiment  of  cavalry,  and  3  batteries  of 
artillery  were  organized.  All  were  uniformed,  armed,  and  equipped,  and  made 
ready  for  efficient  service. 

Small  amounts  of  arms  were  furnished  by  the  Secretary  of  War  immediately  after 
the  attack  of  October  19,  1884,  but  these  do  not  appear  to  be  of  consequence  in  this 
investigation. 

After  the  legislative  action  above  specified,  and  in  December,  1864,  the  governor 
and  the  quartermaster-general  of  the  State  came  to  Washington  and  consulted  with 
the  President  and  Secretary  of  War  about  supplying  the  authorized  military 
organizations. 

Governor  Ormsbee.  in  his  message  of  November  5, 1886,  refers  to  these  negotiations 
and  states  that  Governor  Smith  "  went  to  Washington  to  confer  with  the  President 
and  Secretary  of  War  as  to  measures  and  means  of  national  defense  against  antici 
pated  raids  and  invasions,"  and  further  states  that — 

"A  conference  was  had,  and  President  Lincoln  and  Secretary  Stanton  were  very 
solicitous  that  the  State  of  Vermont  should  organize  a  force  of  militia  sufficient  to 
meet  the  emergency  so  that  the  national  forces  at  the  front  might  not  be  weakened 
by  calling  from  that  source.  It  will  be  remembered  that  this  was  a  period  of  great 
importance  and  solicitude  as  to  national  affairs,  and  I  have  the  authority  of  Gov 
ernor  Smith  for  saying  that  both  President  Lincoln  and  Secretary  Stanton  personally 
besought  him  to  make  every  proper  effort  to  have  such  a  force  of  militia  organized, 
at  the  same  time  giving  most  unqualified  assurance  that  the  General  Government 
would  furnish  the  necessary  arms  and  ammunition  to  put  such  a  force  on  war  footing." 

It  does  not  appear  that  this  statement,  or  that  one  previously  quoted  from  Gov 
ernor  Smith's  message,  has  ever  been  questioned. 


22  CERTAIN    WAR    CLAIMS. 

State  Quartermaster  Pitkiii  in  his  report  to  Governor  Smith,  dated  October  1, 1865, 


"On  the  l]th  day  of  December  last  I  accompanied  you  to  Washington,  D.  C.,  for 
the  purpose  of  procuring  from  the  War  Department  arms,  accoutermcnts,  clothing, 
camp  equipage,  etc.,  for  the  use  of  the  militia.  I  succeeded  in  obtaining  from  the 
Ordnance  Department,  upon  requisitions  approved  by  you,  all  ordnance  stores 
required.  Camp  equipage  and  clothing  could  not  then  be  procured  from  the  United 
States,  and,  in  compliance  with  your  order,  I  purchased  such  quantities  as  were  con 
sidered  necessary  for  immediate  use." 

December  7,  1864,  Governor  Smith  requested  the  War  Department  to  furnish  the 
State  arms,  accouterments,  ordnance  stores,  ammunition,  equipments,  camp  and  gar 
rison  equipage  complete,  and  also  "  uniforms,  consisting  of  caps,  coats,  and  pants/' 
sufficient  for  arming,  equipping,  and  uniforming  12  regiments  of  infantry,  1  of  cav 
alry,  and  3  batteries  of  artillery. 

The  records  of  the  War  Department  show  the  following  action  upon  this  request: 

"  Referred  to  Chief  of  Ordnance  to  report  whether  the  ordnance  supplies  can  be 
furnished. 

E.  M.  STANTON. 

ORDNANCE  OFFICE,  December  12,  1864. 

Respectfully  returned.     All  the  ordnance  stores  asked  for  can  be  furnished. 

A.  B.  DYER, 
/>>•»</.  General,  Chief  of  Ordnance. 

Returned  to  the  Chief  of  Ordnance  with  directions  to  furnish  the  stores  required. 
By  order  of  the  Secretary  of  War. 

C.  A.  DANA, 

Assistant  Secretary  of  War. 

WTAR  DEPARTMENT,  January  30,  1865. 
Received,  Ordnance  Office,  December  12,  1864. 
I  nder  date  of  December  12  the  Secretary  of  War  writes: 

''SIR:  In  reply  to  your  communication  of  the  7th  instant,  requesting  the  War 
Department  to  furnish  the  State  of  Vermont  with  arms,  accouterments,  ordnance 
stores,  etc.,  I  have  the  honor  to  say  that  this  Department  will  be  able  to  furnish  you 
with  the  ordnance  and  ordnance  stores,  and  also  with  the  arms  specified  in  your 
letter,  upon  requisition  made  by  you  upon  Chief  of  Ordnance. 

"Uniforms  and  camp  and  garrison  equipage  can  not  be  furnished  in  the  present 
state  of  the  supplies  of  the  Quartermaster's  Department. 

"Yours,  truly,  "EDWIN  M.  STANTON, 

"  Secretary  of  War. 
"  J.  GREGORY  SMITH,  Governor  of  Vermont." 

December  14,  Secretary  Stanton  sent  to  Governor  Smith: 

"  Your  telegram  received.  I  regret  not  having  an  opportunity  to  see  you  again 
before  your  departure.  The  military  supplies  will  be  forwarded  without  delay. 
Instructions  to  meet  emergencies  as  they  arrive  will  be  given  to  General  Dix,  with 
•whom  you  will  please  communicate." 

Under  the  proceedings  detailed,  the  militia  of  the  State  were  organized  pursuant 
to  legislative  enactment,  were  furnished  with  arms,  ordnance,  and  ordnance  stores  by 
the  General  Government,  and  were  supplied  with  clothing,  rubber  blankets,  etc.,  at 
the  expense  of  the  State,  as  the  Secretary  of  War  had  then  stated  the  War  Depart 
ment  to  be  unable  to  furnish  them,  "  in  the  present  state  of  the  supplies  of  the  Quar 
termaster's  Department." 

The  item  of  $543,780.23  charged  upon  the  books  of  the  Ordnance  Office  against  the 
State  of  Vermont,  as  .stated  in  the  aforesaid  report  of  March  31, 1891.  is  a  portion  of 
the  property  delivered  to  the  State  under  the  foregoing  negotiations  and  orders. 

The  property  which  was  delivered  in  1864-65  was  valued  at  about  $640,000,  and 
was  charged  on  the  books  of  the  Ordnance  Office  to  the  State  in  the  account  of  arms, 
etc.,  furnished  to  the  militia  of  the  United  States  under  the  act  of  April  23, 1808. 

In  the  State  quartermaster's  report  before  cited,  he  says: 

"In  compliance  with  the  orders  of  the  commander  in  chief,  I  have  furnished  the 
militia  with  uniforms,  arms,  accoutrements,  and  ammunition." 

It  appears  that  the  State  expended  in  connection  with  the  arming  and  equipment 
of  the  men  of  said  organizations,  for  uniforms,  clothing,  rubber  ponchos  and  tent 
blankets,  knapsacks,  canteens,  and  other  supplies  of  like  nature,  the  sum  of  $162,831, 
110  part  of  which  has  been  repaid  to  the  State. 

Said  State  also  expended  in  connection  with  said  troops  other  considerable  sums 
of  money  which  remain  unadjusted. 

It  also  appears  that  in  the  year  1870  the  State  sold  a  portion  of  said  arms  and 


CERTAIN    WAR    CLAIMS.  23 

ammunition  for  the  sum  of  $143,469.66,  which  was  turned  into  the  State  Treasury, 
and  soon  after  exchanged  another  portion  for  other  equipments,  at  a  valuation  of 
$4,099. 

It  is  claimed  on  behalf  of  the  State  that  these  arms,  etc.,  had  remained  on  hand 
for  about  live  years  after  the  close  of  the  war;  that  no  national  law  existed  authoriz 
ing  the  return  of  the  arms  to  the  General  Government;  that  the  arms  were  charged 
to  the  State  upon  a  continuingaccount ;  that  the  annual  allotment  of  arms,  etc.,  under 
the  statute  of  1808,  was  withheld  from  the  State  and  was  charged  against  the  property 
so  charged  to  the  State;  that  the  property  required  expense  in  care  and  protection, 
and  was  deteriorating  in  value,  and  that  being  offered  a  liberal  price  for  a  portion  of 
the  property,  the  State  properly  and, justifiably  disposed  of  the  same. 

It  is  not  my  duty  to  determine  the  correctness  or  validity  of  these  claims,  but  the 
question  submitted  to  me  is,  in  substance,  whether  the  law  requires  that  the  pro 
ceeds  of  the  sales  of  those  arms  (to  wit,  the  $147,568.66,  or  the  $143,469.66)  should 
be  set  off  against  or  deducted  irorn  the  $179,407.80,  to  which  Vermont  is  stated  to  be 
entitled  under  the  "  direct  tax  act "  of  March  2,  1891. 

The  questions  arising  as  to  the  remaining  $400,000,  or  thereabouts,  are  left  in  such 
obscurity  from  complications  of  fact,  and,  perhaps,  from  deficiencies  of  legislation, 
that  they  can  only  be  reached  by  the  accounting  or  the  law-making  departments  of 
the  Government. 

It  is  understood  that  the  property  was  charged  against  the  State  when  the  same 
was  delivered,  and  that  the  balance  has  been  carried  along  from  year  TO  year  under 
the  account  of  the  act  of  1808,  until  the  law  of  February  12, 1887,  was  enacted  changing 
the  policy  of  the  issuance  of  arms  for  the  militia  and  consequently  the  Government 
has  had  continuing  knowledge  of  the  existence  and  condition  of  the  transaction. 

The  law  of  1*08  required  an  annual  issue  of  arms  to  each  State,  with  the  view  of 
keeping  up  a  constant  supply.  No  State  had  any  interest  in  the  arms  supplied  to 
any  other  State,  nor  was  there  any  provision  for  national  control  or  State  responsi 
bility  to  the  General  Government  after  the  arms  were  delivered.  Here  were  deliv 
ered  to  one  State,  under  one  order,  more  arms  than  the  law  allowed  to  be  issued  to 
the  whole  United  States  in  three  years. 

It  is  plain  that  the  arms  were  delivered  to  Vermont  to  meet  or  to  prevent  threat 
ened  attacks,  in  such  a  manner  as  should  avoid  withdrawing  men  from  the  armies 
then  active  in  the  South ;  and  the  charges  were  placed  under  the  account  of  the  act 
of  1808  as  a  matter  of  bookkeeping  and  without  the  direction  of  any  law. 

By  act  of  .July  27,  1861  (12  Stat.,  276),  the  Secretary  of  the  Treasury  is  directed  to 
pay  to  the  governor  of  any  State  the  expenses  properly  incurred  by  such  State  for 
enrolling,  subsisting,  paying,  clothing,  equipping,  etc.,  its  troops  employed  in  aid 
ing  to  suppress  the  "  insurrection  against  the  United  States,  to  be  settled  upon 
proper  vouchers,  to  be  filed  and  passed  upon  by  the  proper  accounting  officers  of  the 
Treasury.'' 

Vermont  makes  claim  for  about  $66.890  under  this  statute. 

By  the  act  of  March  3,  1875  (18  Stat..  455),  it  is  provided  that,  all  issues  of  arms 
and  other  ordnance  stores  made  by  the  War  Department  to  States  between  January 
1, 1861,  and  April  9,  1865,  under  the  aforesaid  act  of  1808,  and  charged  to  the  States, 
having  been  made  for  the  maintenance  and  preservation  of  the  Union,  and  properly 
chargeable  to  the  United  States,  the  Secretary  of  War  is  authorized  upon  a  proper 
showing  by  such  States  of  the  faithful  disposition  of  such  arms  and  stores,  to  credit 
to  the  states  the  sums  so  charged  to  them. 

Provided,  that  is,  he  shall  find  that  any  of  such  arms  or  stores  have  been  sold  or 
otherwise  misapplied,  he  shall  refuse  credit  for  such  portion  thereof,  and  the  amount 
thereof  shall  remain  a  charge  against  the  State,  the  same  as  if  this  act  had  not  been 
passed. 

If  it  be  held  that  the  arms  charged,  which  were  sold  and  disposed  of,  were  improp 
erly  sold  and  were  misapplied,  then  this  act  has  no  application  as  to  those,  and  no 
adjustment  can  be  made  under  it. 

It  is  true  that  the  expression  of  Congress  implies  that  the  selling  of  arms  without 
the  authority  of  the  Government  is  a  misapplication,  but  the  act  declares  that  the 
issue  was  made  for  the  maintenance  and  preservation  of  the  Union,  and  was  prop 
erly  chargeable  to  the  United  States. 

A  reasonable  deduction  is  that  the  act  of  1875  is  without  effect  as  to  the  question 
now  under  consideration. 

It  may  properly  be  said,  also,  that  the  act  of  March  3,  1875  (18  Stat.,  481)  does  not 
apply  to  an  unliquidated  claim  in  favor  of  a  State  arising  out  of  a  property  charge 
which  is  subject  to  equitable  recoupments  in  an  unadjusted  transaction,  and  that 
statute  had  no  application  in  this  case. 

It  is  manifest  that  if  the  action  which  placed  Vermont  in  condition  for  defense 
should  be  treated  as  a  movement  intended  to  defeat  or  ward  oft'  attacks  made  upon 
the  United  States  by  a  belligerent,  enemy,  then  the  claim  that  the  General  Govern 
ment  should  furnish,  and  that  it  expected  to  pay  for,  the  war  supplies  for  such 
defense  is  not  an  unreasonable  one. 


24  CERTAIN    WAR    CLAIMS. 

The  auditor  of  the  State  says : 

'•It  was  agreed  by  and  between  the  President  and  Secretary  of  War  of  the  one  part, 
and  the  governor  and  quartermaster  of  the  State  of  the  other  part,  that  the  State  should 
raise  a  division  of  militia  and  that  the  United  States  should  provide  arms,  ordnance 
stores,  camp  and  garrison  equipage,  and  other  supplies,  to  put  such  force  in  con 
dition  for  service,  if  required  for  the  defense  of  the  frontier." 

The  official  utterances  of  Governor  Smith  and  Ormsbee,  as  hereinbefore  quoted, 
are  practically  to  the  same  effect.  Governor  Smith's  requisition  of  December  7 
calls  for  "camp  and  garrison  equipage,  complete,  and  also  uniforms,  consisting  of 
caps,  coats,  and  pants,  sufficient,"  etc. 

Secretary  Stanton  answers  December  12: 

"  Uniforms  and  cam])  and  garrison  equipage  can  not  be  furnished  in  the  present 
state  of  the  supplies  of  the  Quartermaster's  Department." 

It  seems  plain  that  if  the  Department  could  have  furnished  those  supplies  it  would 
have  done  so  with  the  same  promptness  that  it  furnished  ordnance  and  ordnance 
stores.  And  the  phraseology  used  by  the  Secretary  is  strongly  corroborative  of  the 
terms  of  the  arrangement  as  understood  by  the  representatives  of  the  State. 

At  the  date  of  the  issue  of  the  arms  the  State  was  entitled,  upon  the  books  of  the 
War  Department,  under  the  act  of  1808,  to  $3,541.28.  Its  quota  in  the  field  was  then 
considerably  in  excess  of  all  calls  previously  made ;  it  neither  sought  nor  needed 
assistance  in  its  state  affairs  or  in  furnishing  its  proportionate  force  for  the  suppres 
sion  of  the  rebellion.  At  the  same  time  the  General  Government  was  exerting  its 
•whole  physical  power  to  break  up  the  opposing  armies,  and  was  exercising  its  diplo 
matic  skill  in  preventing  attacks  from  Canada  and  a  collision  with  Great  Britain. 

Under  these  circumstances  the  National  Government,  as  a  war  measure,  in  the 
performance  of  its  duty  to  preserve  the  Union,  and  under  the  pressure  of  a  necessity 
for  which  it  was  nowise  responsible,  made  the  State  of  Vermont  its  instrument  in 
the  general  service  of  the  national  defense  and  attempted  to  furnish  it  with  arms 
and  supplies. 

The  State,  as.  such,  was  not  recognized  as  the  party  at  war  with  the  rebellion  nor 
•with  the  insurgents  commorant  in  Canada.  The  purpose  of  those  who  created  and 
controlled  the  Northern  disturbances  was,  as  stated  by  Mr.  Seward,  "to  embroil  the 
Governments  of  the  United  States  and  Great  Britain  in  a  border  war." 

Therefore,  while  Vermont  occupied  an  exposed  position,  and  from  local  interest 
was  prompt  to  prepare  to  repel  an  invasion,  yet  the  aggression  was  against  the 
nation  and  the  defense  was  that  "common  defense,"  for  which  the  people  provided 
in  establishing  the  Constitution. 

In  this  view  of  the  case  it  does  not  appear  that  there  exists  such  a  debt  against 
the  State  and  in  favor  of  the  United  States,  arising  out  of  the  occurrences  and  cir 
cumstances  detailed,  as  either  law  or  equity  requires  should  be  set  off  against  or 
deducted  from  the  sum  standing  in  the  State's  favor  under  the  direct-tax  acts  of 
August  5,  1861,  and  March  2,  1891. 

If  the  cost  of  supplying  the  extraordinary  organizations  of  the  State  with  uni 
forms,  garrison  and  camp  equipage,  and  like  supplies,  amounting  to  the  $162,831 
specified,  or  over,  is  to  be  paid  by  the  General  Government,  the  claim  for  arms  sold 
disappears,  and  the  balance  claimed  by  the  State,  together  with  its  claim  made  under 
the  act  of  July  27,  1861,  and  such  accounting  by  the  State  as  the  law  may  authorize 
for  all  arms  and  stores  received,  will  remain  for  adjustment 

It  does  not  seem  to  be  equitable,  or  to  be  required  by  any  law,  that  the  transac 
tion  of  furnishing  the  arms,  stores,  etc.,  charged,  the  use  and  disposition  thereof, 
and  such  legal  or  equitable  rights  of  counterclaim  or  of  recoupment  as  may  exist, 
should  be  forcibly  severed  and  separately  settled. 

It  is  shown  that,  November  17,  1886,  the  State,  after  referring  by  preamble  to  the 
condition  of  affairs  during  the  closing  period  of  the  war.  and  alleging  the  expendi 
ture  of  money?  for  which  "the  State  is  justly  entitled  to  be  reimbursed  by  the  United 
States,"  enacted  a  statute  empowering  the  governor  and  the  auditor  of  accounts 
of  the  State  to  adjust  and  settle  all  accounts  and  claims  between  the  United  States 
and  the  State. 

It  is  further  enacted  that  any  sums  found  due  the  State  may  be  received  and  paid 
into  its  treasury  by  said  officers;  and  they  are  by  said  law  authorized  to  draw  upon 
the  treasury  of  the  State  for  any  sum  that  may  be  found  due  to  the  United  States. 

Therefore,  it  appears  that  the  State  is  not  wanting  in  preparation  in  the  premises, 
but  awaits  the  action  of  the  General  Government. 

In  conclusion,  permit  me  to  say.  that  the  specified  sum  of  $179,407.80,  proceeds  of 
the  "  direct  tax,"  is  not  shown  to  be  anywise  connected  with  or  affected  by  the  arms 
and  ordnance  issue  of  December,  1864,  and,  in  my  opinion,  you  are  authorized  to  pay 
the  same  to  the  State  under  the  act  of  March  2,  1891. 
Very  respectfullv, 

W.  H.  H.  MILI.EK, 

Attorney-General. 

The  SECRETARY  OF  THE  TREASURY. 


CERTAIN   WAR    CLAIMS.  25 

THE  STATE  OF  NEW  HAMPSHIRE. 

The  facts  and  history  of  this  claim  are  set  forth  in  the  following  official  papers 
from  the  War  Department : 

RECORD  AND  PENSION  OFFICE,  WAR  DEPARTMENT, 

Washington  City,  January  31,  1895. 

SIR  :  Referring  to  your  letter  of  the  28th  instant,  received  yesterday,  in  which  you 
request  copies  of  papers  on  tile  in  this  Department  and  information  of  record  relating 
to  the  subject  of  national  bounties  paid  or  agreed  to  be  paid  to  recruits  from  the  State 
of  New  Hampshire  mustered  into  the  service  of  the  United  States  under  the  call  of 
October  17,  1863,  and  the  reimbursement  of  the  State  for  the  payment  of  such  boun 
ties,  I  am  directed  by  the  Secretary  of  War  to  inform  you  that  a  comprehensive 
report  on  this  subject,  made  in  connection  with  House  bill  No.  347,  Fifty-third  Con 
gress,  first  session,  was  furnished  by  this  Department  to  the  Committee  on  War 
Claims,  House  of  Representatives,  September  15,  1893. 

This  report,  which  is  presumed  to  be  easily  accessible  to  you,  and  the  printed  copy 
of  General  Orders,  No.  340,  War  Department,  Adjutant-General's  Office,  series  of 
1863,  publishing  the  call  of  October  17,  1863,  herewith  inclosed,  contain,  it  is 
believed,  all  the  information  desired  by  you  on  this  subject. 

Should  the  report  from  this  Department  to  the  War  Claims'  Committee  not  be 
available  to  you  a  copy  of  the  same  will  be  furnished  you  upon  your  request 
therefor. 

Very  respectfully, 

F.    C.    AlNS  WORTH, 

Colonel,  United  States  Army,  Chief  Record  ax d  Pension  Office. 
Hon.  HENRY  M.  BAKER, 

House  of  Representatives. 


\ R.  and  P.,  Ko.  373031.] 

Bill  to  provide  for  the  adjudication  and  payment  of  the  claim  of  the  State  of  New 
Hampshire  for  reimbursement  of  the  national  bounties  advanced  and  paid  for  the 
United  States  by  said  State  upon  the  authority  of  the  Secretary  of  War. 

Under  date  of  April  6,  1886,  the  Adjutant-General  of  the  Army  furnished  a  report 
in  this  case  for  the  Committee  on  War  Claims,  United  States  Senate,  on  Senate  bill 
No.  1900,  Forty-ninth  Congress,  first  session.  Following  is  a  copy: 

WAR  DEPARTMENT,  ADJUTANT-GENERAL'S  OFFICE, 

Washington,  D.  C.,  April  6,  1SSG. 
To  the  honorable  the  SECRETARY  OF  WAR. 

SIR:  I  have  the  honor  to  return  herewith  communication  of  the  23d  ultimo,  from 
the  Committee  on  War  Claims  of  the  United  States  Senate,  transmitting  Senate  bill 
No.  1900,  "  for  the  final  settlement  of  the  claim  of  the  State  of  New  Hampshire  for 
reimbursement  of  national  bounties  advanced  to  recruits  mustered  into  the  United 
States  service  in  that  State  under  the  President's  call  of  October,  1863,"  together 
with  copies  of  papers  called  for  by  the  committee,  and  the  replies  of  Cols.  James 
B.  Fry  and  Edward  W.  Hiuks  to  certain  inquiries  made  relative  to  the  subject- 
matter  in  question. 

In  addition  to  the  papers  herewith  forwarded  I  beg  leave  to  submit  the  following 
report  as  review  of  the  previous  action  taken  in  the  case  by  the  Department  and  the 
basis  for  its  adverse  action  thereon. 

The  records  of  this  office  show  that  under  the  agreement  of  November  5,  1863, 
between  the  governor  of  New  Hampshire  and  the  Provost-Marshal-General,  the 
State  claims  to  have  advanced  the  whole  bounty  to  3,200  men,  49  of  whom  only  were 
paid  by  the  State  as  veteran  recruits.  Of  this  number  the  United  States  repaid  to  the 
State  of  New  Hampshire  the  first  installment  of  bounty  in  case  of  3,187  men,  to  whom 
the  State  claimed  to  have  paid  the  full  amount  of  bounty  at  the  time.  Assignments 
to  the  cities  and  towns  of  that  State  were  taken;  26  of  these  men  were  recognized  as 
veteran  recruits  entitled  to  $400  bounty,  and  3,161  as  new  recruits,  entitled  to  $300 
bounty,  and  3,043  entitled  to  the  $200  premium,  and  so  paid  by  the  disbursing  offi 
cers,  making  the  amount  paid  at  that  time  $191.200  on  account  of  bounty,  and  $6,086 
as  premium.  This  payment  was  made  by  Capfc.  Charles  Holmes,  U.  S.  A.,  disburs 
ing  officer  at  Concord,  N.  H.,  to  the  treasurer  of  the  State  of  New  Hampshire  in  Feb 
ruary,  1864,  under  instructions  from  this  office,  and  subsequent  settlements  were 
made  in  some  of  the  cases  by  the  Pay  Department  on  this  basis ;  since  which  time  the 
War  Department  has  had  nothing  to  do  with  the  adjustment  of  these  claims. 

Action  thereon  for  refunding  the  balance  alleged  to  be  due  under  the  agreement  ot 


26  CERTAIN    WAR    CLAIMS. 

November  5,  1863,  lias,  since  the  payment  of  the  first  installment  and  such  payments 
as  were  made,  by  the  Pay  Department,  been  had  exclusively  by  the  accounting  officers 
of  the  Treasury  (Second  Auditor  and  Second  Comptroller),  through  whom  and  by 
whom  the  later  settlements  have  been  inside. 

Asa  matter  of  fact,  the  State  or  town  authorities  of  New  Hampshire  did  not  pay 
in  all  instances  the  bounty  in" full  to  which  the  men  were  entitled  at  the  time  the 
assignments  were  taken.  This  is  clearly  indicated  in  Major  Whittlesey's  letter  of 
December  21,  1863,  to  Geuersil  Hinks  on  the  subject  (copy  herewith),  and  cases  are 
being  constantly  brought  to  the  attention  of  this  office  where  the  men  whom  the 
State  claims  to  have  paid  in  full  deny  having  received  anything  from  the  State, 
and  make  demand  against  the  United  States  for  payment,  and  settlements  have  been 
and  are  being  made  by  the  Treasury  Department  to  the  soldiers  themselves  or  their 
heirs  for  the  bounty  thus  claimed  by  the  State.  Thus,  in  the  event  of  the  accom 
panying  bill  receiving  favorable  consideration  by  Congress,  the  Government  will  be 
compelled  to  pay  again  to  the  State  what  has  already  been  paid  to  the  men 
themselves. 

Attention  is  also  invited  to  a  consideration  of  the  following  facts  in  the  case,  as 
embodied  in  a  report  to  the  honorable  Serretary  of  \Y;ir  for  the  information  of  the 
honorable  Attorney-General  when  the  matter  was  pending  in  the  Court  of  Claims 
in  February,  1885 : 

(1)  The  State  claims  to  have  advanced  the  whole  bounty  to  3,200  men  under  the 
agreement  of  November  5,  1863,  which  wsis  to  be  repaid  by  installments  under  existing 
regulations. 

(2)  The  records  show  that  the  United  States  refunded  to  the  State  of  New  Hamp 
shire  the  first  installment  of  bounty  in  3,187  cases,  26  only  of  which  were  proved  to 
be  veteran  recruits,  and  so  paid  for  by  the  disbursing  officer. 

(3)  Paymasters,  under  instructions  from  this  Department,  paid  the  second  install 
ment  of  bounty  to  the  State  as  it  became  due  in  sill  cases,  except  when  the  men  had 
deserted,  and  thereby,  under  existing  regulations,  forfeited  the  amount  due. 

(4)  The  agent  of  the   State   (or  those  acting  for  him)  has  claimed  that  of  the 
number  thus  enlisted  75  or  78  were  Yeteran  recruits,  entitled  to  $400.     While  such 
may  have  really  been  the  case,  only  49  were  claimed  to  have  been  paid  for  as  veter 
ans  by  the  State  authorities,  as  shown  in  their  own  statement  to  Congress  in  June, 
1868,  while  the  recruit  bounty  only  of  $300  is  claimed  to  have  been  paid  to  the  oth 
ers.     Therefore  the  State  is  not  entitled  to  the  greater  sum,  because  a  later  discovery 
has  shown  more  of  the  men  to  have  been  veteran  recruits  than  was  known  at  the 
time  of  their  enlistment. 

(5)  Under  any  construction  that  may  be  given  to  the  agreement  of  November  5, 
1863.  the  State  should  not  be  allowed  to  recover  more  than  it  actually  paid  cash  in 
each  case,  and  positive  proof  of  such  payments  should  be  required  before  such  a 
claim  is  entertained.     The  original  bounty  rolls  on  which  the  first  installment  was 
repaid  to  the  State  treasurer. of  New  Hampshire  are  the  only  true  basis  upon  which 
any  contemplated  settlement  with  the  State  should  rest,  as  the  amount  therein  stated 
to  have  been  received  by  the  men  when  they  made  their  assignments  is  clearly  shown 
in  each  case. 

(6)  In  the  matter  of  desertion  and  forfeiture  thereby  by  the  men  of  their  bounty 
(the  question  upon  which  the  whole  matter  in  dispute  between  the  State  and  the 
United  States  rests)  the  State  executive  was  fully  advised  of  the  difficulties  iu  the 
way  of  making  payments  as  contemplated,  and  the  losses  towns  would  probably 
incur,  as  the  bounties  were  to  be  repaid  the  towns  by  installments,  as  required  by 
existing  regulations  which  prevented  and  now  prevents   payment  of  bounties  to 
deserters.     That  is,  the  desertion  was  payment  of  bounty  to  the  soldier,  and  conse 
quently  the  receipt  of  bounty  by  the  State  or  town. 

It  is  plainly  indicated  that  it  was  not  Secretary  Stanton's  intention  to  abrogate 
the  law  or  regulations  governing  the  payment  of  bounties  (notwithstanding  the 
statements  contained  in  Colonel  Sey's  letter  relative  to  the  matter),  as  is  shown  by 
his  prompt  reconsideration  and  termination  of  the  agreement  of  November  5,  1863, 
when  the  difficulties  of  the  arrangements  were  clearly  presented  to  him.  Congress 
took  the  same  view  of  the  matter  in  framing  Senate  bill  of  December  2, 1872  (No. 
978,  Forty-second  Congress),  for  the  relief  of  the  State  of  New  Hampshire,  ^vhich 
failed  to  receive  the  signature  of  the  President  in  time  to  become  a  law,  and  in  the 
opinion  of  this  office,  the  same  reasons  which  have  governed  the  adverse  decisions 
heretofore  had  by  the  Executive  Departments,  Congress,  and  the  Court  of  Claims  in 
this  case  still  hold  good,  and  should  prevent  payment  of  bounties  forfeited  by 
desertion. 

I  am,  sir,  very  respectfully,  vour  obedient  servant, 

R.  C.  DRUM, 

A  djit  tant-  General. 


CERTAIN    WAR    CLAIMS.  27 

No.  30  EAST  SIXTY-THIRD  ST.,  NEW  YORK  CITY, 

J/«rcA  27,  1886. 
The  ADJUTAXT-GEXERAL,  UNITED  STATES  ARMY, 

Washington,  D.  C.  : 

SIR:  I  am  in  receipt  of  your  letter  of  yesterday  transmitting  certain  papers  con 
cerning  ;t  claim  made  by  the  State  of  New  Hampshire  against  the  United  States. 
Among  the  papers  I  lind  a'letter  to  the  Secretary  of  War  from  the  chairman  of  the 
Committee  on  War  Claims  of  the  United  States  Senate,  from  which  the  following  is 
an  extract : 

"The  committee  also  desires  to  have  certain  inquiries  made  by  the  War  Depart 
ment,  and  the  information  obtained  thereby  forwarded,  of  Provost-Marshal-General 
J.  B.  Fry,  what  his  recollection  is  concerning  the  letter  of  Major  Mack,  of  November 
11,  1863,  and  of  Assistant  Adjutant-General  Lawrence's  reply  of  November  19,  and 
of  the  subject-matter  of  the  letters,  and  what  knowledge,  if  any,  the  Secretary  of 
War  had  of  the  correspondence,  and  what  other  material  facts  are  within  his 
knowledge." 

In  response  I  have  the  honor  to  state  that  I  remember  the  transaction.  It  was  one 
of  the  early  experiments  resulting  from  the  law  for  compulsory  military  service,  and 
now  that  1  have  read  the  communications  relating  to  it,  I  recall,  and  in  its  general 
features  identify,  the  correspondence.  As  shown  by  Governor  Gillmore's  telegram 
of  November  4,'  1863,  the  agreement  originated  in  the  State  on  the  presumption 
that  it  would  be  of  advantage  to  New  Hampshire  by  aiding  her  to  nil  her 
quota  and  escape  draft.  But  it  was  accepted  by  the  General  Government  because  it 
was  thought  that  it  would  hasten  the  reeuforcement  of  our  armies,  at  that  time  a 
matter  of  the  iirst  importance  in  the  Union  cause.  In  other  words,  the  agreement 
was  made  because  both  contracting  parties  thought  the  public  interests  which  they 
represented  would  be  promoted  by  it.  Governor  Gillmore's  telegram  of  November 
4,  making  the  proposition,  was  addressed  to  the  Secretary  of  War,  not  to  the  Provost- 
Marshal-(  General.  The  proposed  compact  involved  a  disposition  of  public  funds  the 
Provost-Marshal-Gen  era!  was  not  competent  to  make,  and  required  the  action  of 
disbursing  officers  who  were  entirely  beyond  the  Provost-Marshal-Geueral's  authority. 
The  agreement  was  entered  into  on  the  part  of  the  United  States  by  Secretary  of 
War  E.  M.  Stanton.  My  recollection  is  quite  distinct  that  Secretary  Stanton  con 
sulted  me  in  relation  to  the  matter,  examined  the  correspondence-,  deliberated  upon 
it,  and  then  wished  to  make  the  agreement,  hoping  it  would  hasten  the  reenforce- 
ment  of  onr  armies. 

To  answer  more  specifically  the  inquiries  submitted  to  me,  I  will  say  that,  accord 
ing  to  my  recollection,  the  letter  of  November  14,  1863,  from  Major  Mack,  printed  in 
the  "Memorial  of  the  State  of  New  Hampshire,''  is  a  correct  copy  of  the  letter 
received  by  me  from  that  officer,  and  that  I  submitted  the  original  to  the  Secretary 
of  War  and  received  his  decision  that  "if  the  recruit  deserts  after  delivery  to  gen 
eral  rendezvous  and  muster  into  United  States  service,  the  Government  is  alone 
responsible." 

Captain  Lawrence,  who  signed  the  letter  of  November  19,  1863,  to  General  Hinks, 
which  appears  in  this  case,  was  regularly  on  duty  in  the  Provost-Marshal-General's 
Bureau  of  the  War  Department,  he,  among  others,  having  been  formally  named  in 
a  circular.  No.  79,  War  Department,  Provost-Marshal-General's  Bureau,  Washington, 
D.  C.,  September  5,  1863,  which  says: 

"  The  following-named  officers  are  announced  as  on  duty  in  this  office,  and  are 
empowered  to  conduct,  under  the  direction  of  the  Provost-Marshal-General,  the  ordi 
nary  correspondence  connected  with  their  respective  branches  of  business."  The 
announcement  in  this  circular  was  made  with  the  knowledge  and  sanction  of  the 
Secretary  of  War.  Captain  Lawrence  was  therefore  fully  empowered  to  convey, 
just  as  he  did  in  the  letter  of  November  19  to  General  Hinks,  the  instructions  he 
received  from  the  Provost-Marshal-General.  That  the  decision  which  he  communi 
cated  was  made  by  the  Secretary  of  War,  and  that  it  was  deliberately  rendered  by  Mr. 
Stauton  after  a  full  knowledge  and  understanding  of  the  correspondence  in  the  case, 
I  have  already  stated  as  my  recollection  of  the  matter. 

I  may  add  that  the  decision  of  the  Secretary  was  in  strict  accordance  with  a  gen 
eral  and  necessary  rule  of  the  War  Department,  that  after  a  recruit  had  been  duly 
mustered  into  United  States  service  and  delivered  to  an  authorized  agent  of  the 
General  Government  at  a  designated  rendezvous,  he  was  credited  to  the  locality 
which  sent  him,  and  the  General  Government  became  responsible  for  his  continuance 
in  its  service,  and  would  not,  through  its  failure  to  keep  him,  escape  the  obligations 
it  incurred  to  get  him.  I  remember  that  Secretary  Stan  ton  gave  that  ruling  as  sound 
in  itself,  and  as  expedient  and  proper  to  proceed  upon  in  exacting  the  quotas  of 
troops  from  the  various  States  and  districts.  He  adhered  to  it  in  the  agreement. 
Very  respectfully,  your  obedient  servant, 

JAMES  B.  FRY, 
Retired  A.  A.  G.,  rank  of  Colonel,  Brevet  Major- General,  U.  S.  A. 

(formerly  Provost-Marslial-General  U,  S.). 


28  CERTAIN   WAR   CLAIMS. 

CAMBRIDGE,  MASS.,  March  30,  1886. 
Brig.  Gen.  RICHARD  C.  DRUM, 

Adjutant-General  United  States  Army,  Washington,  J).  C. 

GENERAL  :  I  have  the  honor  to  acknowledge  receipt  of  your  communication  of  the 
26th  instant,  requesting,  by  direction  of  the  Secretary  of  War,  that  certain  informa 
tion  desired  by  the  Committee  on  War  Claims  of  the  United  States  Senate  be  fur 
nished  at  the  earliest  practicable  moment,  and  in  reply  respectfully  submit  the 
following  statement : 

It  may  be  proper  for  me  to  remark  at  the  outset  that  uiy  recollection  of  daily 
routine  and  minute  details  of  official  business  transacted  twenty-two  years  ago  is 
far  from  distinct,  especially  an  at  the  time  referred  to  I  was  engaged  in  gathering 
up  and  organizing  under  a  single  executive  head  the  duties,  greatly  increased  by 
orders  just  received  from  the  War  Department,  that  had  previously  been  performed 
by  four  different  officers,  each  acting  in  great  measure  independent  of  the  others. 

I  was  not  consulted  with  reference  to  the  letter  of  Major  Mack  of  November  11, 
1863,  but  the  subject  to  which  it  referred  had  repeatedly  been  brought  to  my  atten 
tion  by  State  officials  and  selectmen  interested  in  securing  recruits  to  nil  the  quota  of 
their  respective  towns,  who  desired  an  expression  of  my  views  concerning  the 
instructions  of  the  War  Department  contained  in  the  dispatch  of  Provost-Marshal- 
General  Fry  to  Governor  Gilmore  on  the  5th  of  November,  1863.  To  all  parties  who 
sought  an  expression  of  my  views  upon  this  point  I  uniformly  replied  that  while  I 
entertained  no  doubt  as  to  the  intent  and  scope  of  the  instructions  of  the  War 
Department,  I  believed  the  plan  proposed  was  so  wide  a  departure  from  previously 
existing  regulations  concerning  recruiting  that  it  would  not  be  long  continued,  and 
advised  all  who  desired  to  avail  themselves  of  the  supposed  advantages  of  the  plan 
to  hasten  forward  their  recruits;  and  further  stated  to  them  that  as  the  general 
Government  had  apparently  assumed  the  responsibility  of  refunding  the  bounty 
advanced  to  every  recruit  properly  mustered  and  delivered  at  the  general  rendezvous, 
I  deemed  it  my  duty  to  resort  to  extraordinary  precautions  to  prevent  desertions  and 
to  defeat  any  fraudulent  attempts  that  I  apprehended  might  be  made  to  substitute 
worthless  men  for  recruits  who  had  passed  examination  by  surgeons  and  mustering 
officers. 

By  my  general  instructions,  received  in  person  from  the  Secretary  of  War  and 
through  communications  from  the  War  Department,  1  have  been  enjoined  to  make 
every  possible  effort  to  stimulate  voluntary  enlistments  in  New  Hampshire,  and  was 
required  to  confer  freely  with  the  governor  of  the  State  respecting  all  matters  per 
taining  thereto,  and  habitually  did  so;  therefore,  I  have  not  a  doubt  that  I  promptly 
communicated  to  Governor  Gilmore  all  instructions  received  by  me  from  the  War 
Department  concerning  enlistments  in  the  State  of  New  Hampshire.  I  have  an  indis 
tinct  recollection  of  having  communicated  to  Governor  Gilmore,  in  the  presence  of 
State  Treasurer  Sanborn,  Adjutant-General  Colby,  and  others,  immediately  upon  the 
receipt  thereof,  the  instructions  of  the  War  Department  contained  in  the  communi 
cation  of  Capt.  Samuel  B.  Lawrence,  under  date  of  November  19,  1863,  in  reply  to 
the  inquiries  of  Major  Mack,  my  predecessor  in  office,  as  acting  assistant  provost- 
marshal-general  for  New  Hampshire,  concerning  the  responsibility  of  the  General 
Government  under  the  already  existing  agreement,  and  respecting  the  exemption 
from  the  draft  of  towns  that  filled  their  quotas  by  voluntary  enlistments. 
I  am,  General,  very  respectfully,  your  obedient  servant, 

EDW.  W.  HINKS, 
Colonel  and  Brevet  Brigadier-General,  U.  S.  A.  (retired). 


(The  letter  from  the  Second  Comptroller  to  the  Secretary  of  War,  of  February  29, 
1884,  was  returned  to  him  by  the  Secretary  of  War  on  March  15,  1884,  and  is  there 
fore  no  longer  a  part  of  the  files  of  this  Department.  Copy  thereof,  can  not  be 
furnished. ) 

WAR  DEPARTMENT,  ADJUTANT-GENERAL'S  OFFICE, 

Washington,  March  8,  1884. 
To  the  Honorable  the  SECRETARY  OF  WAR  : 

SIR  :  I  have  the  honor  to  return  herewith  letter  of  the  Second  Comptroller  of  the 
Treasury  requesting  to  be  furnished  with  any  information  the  records  may  afford 
tending  to  show  by  whom  the  pencil  indorsement  signed  E.  L.  S.,  on  letter  from 
Maj.  O.  A.  Mack,  acting  assistant  provost-marshal-genei-al  of  New  Hampshire, 
dated  November  11,  1863,  to  Col.  James  B.  Fry,  Provost-Marshal-Geueral,  was  writ 
ten;  what  relation  the  writer  held  to  the  Government,  as  well  as  to  any  of  the 
officers  of  the  War  Department,  and  to  report  as  follows : 

The  pencil  memorandum  referred  to  was  evidently  written  by  E.  L.  Stanton,  who 
at  the  time  was  private  secretary  to  his  father,  the  Hon.  E.  M.  Stautou,  Secretary 


CERTAIN   WAR    CLAIMS.  29 

of  War,  and  was  the  authority  upon  which  was  based  the  letter  from  the  Provost- 
Marshal-General's  Office,  of  November  19,  1863,  to  Brig.  Gen.  E.  W.  Hinks,  acting 
assistant  provost-marshal-geueral  of  New  Hampshire.     Copy  herewith. 
I  am,  sir,  very  respectfully,  your  obedient  servant, 

R.  C.  DRUM,  Adjutant- General. 


OFFICE  ACTING  ASSISTANT  PROVOST-MARSHAL-GENERAL, 

STATE  OF  NEW  HAMPSHIRE, 

Concord,  November  11, 1863. 

COLONEL:  From  conversation  held  with  Governor  Gilmore  I  learn  that  he  has  had 
some  correspondence  with  you,  respecting  the  State  advancing  the  amount  of  the 
bounty  offered  by  the  General  Government  to  recruits,  and  receiving  an  assignment 
from  them  of  their  claims. 

The  governor  had  obtained  your  consent  to  this,  on  behalf  of  the  Government. 
But,  I  believe,  it  was  found  that  additional  legislation  would  be  necessary  for  the 
State  to  carry  out  this  plan ;  and  the  governor  has,  in  his  proclamation,  recommended 
the  towns  and  cities  to  adopt  it.  And  it  appears  now  that  many,  if  not  all  of  them, 
will  adopt  it.  The  governor  seemed  to  be  of  the  opinion  that  the  Government  would 
pay  the  bounty  in  the  stipulated  installments,  even  if  the  recruit  deserted.  I  do  not 
think  this  would,  or  should,  be  done,  and  I  have  so  informed  such  parties  as  have 
consulted  me.  1  respectfully  ask  instructions  on  this  point. 

I  have  also  been  asked  that  in  case  the  State  does  not  furnish  her  full  quota  under 
this  last  call  of  the  President,  and  a  draft  is  ordered  in  January  to  fill  it,  whether 
the  towns  that  have  filled  their  quotas  by  voluntary  enlistment  will  be  exempt  from 
that  draft. 

Since  the  receipt  of  your  telegram  of  the  5th  instant,  saying  that  if  a  State  filled 

her  quota  under  this  call,  no  draft  would  be  ordered  in  January,  I  have  been  of  the 

opinion  that  the  same  principle  would  be  applied  to  the  towns  so  far  as  practicable. 

I  think  this  would  be  proper,  and  have  a  beneficial  effect,  stimulating  all  the  towns 

to  work  earnestly  in  the  recruiting  business. 

I  respectfully  submit  the  suggestion  to  your  consideration. 
I  am,  Colonel,  very  respectfully,  your  obedient  servant, 

O.  A.  MACK, 

Major  and  A,  D.  C.,  A.  A.  P.  M.  G. 
To  Col.  J.  B.  FRY, 

Provost-Marshal-General,  Washington,  D.  C. 

[Pencil  indorsement.] 

Inclosed  copy  of  telegram  to  Governor  Gilmore,  and  say  that  if  the  recruit  deserts 
after  delivery  to  general  rendezvous  and  muster  into  United  States  service,  the 
Government  is  alone  responsible.  As  far  as  possible  towns,  etc.,  will  be  exempt  from 
draft  if  fall  quota  is  furnished. 

Answered  November  19, 1863. 


WAR  DEPARTMENT,  PROVOST-MARSHAL-GENERAL'S  OFFICE, 

Washington,  D.  C.,  November  19,  1963. 
Brig.  Gen.  E.  W.  HINKS,  U.  S.  V., 

Acting  Assistant  Provost-Marshal-General  for  New  Hampshire,  Concord,  N.  H. 
GENERAL:  I  am  directed  by  the  Provost-Marshal-General  to  acknowledge  the 
receipt  of  your  communication  of  the  llth  instant,  relative  to  the  State  advancing  the 
amount  of  the  bounty  offered  by  the  General  Government  to  recruits  and  receiving 
an  assignment  from  them  of  their  claim.  In  reply  I  am  instructed  to  inclose  here 
with  copy  of  a  telegram  to  Governor  Gilmore  of  the  5th  instant,  and  to  state  that 
if  the  recruit  deserts  after  delivery  to  the  general  rendezvous  and  musters  into  the 
United  States  service,  the  Government  is  alone  responsible. 

As  far  as  possible,  towns,  etc.,  will  be  exempted  from  draft  if  their  full  quota  is 
furnished. 

I  am,  General,  very  respectfully,  your  obedient  servant, 

SAMUEL  B.  LAWRENCE, 

Captain  Sixteenth  Infantry  and  Assistant  Adjutant-General. 


30  CERTAIN    WAR    CLAIMS. 

Additional  correspondence,  orders,  etc.,  bearing  on  the  subject  which  should  be  considered 
by  Congress  in  connection  wilh  the  accompanying  bill  and  'memorial. 

WAR  DEPARTMENT,  PROVOST-MARSHAL-GKXKUAL'S  OFFICE, 

Washington  D.  C.,  December  9,  1863. 
His  Kxelleucy  J.  A.  GILMORK, 

Governor  of  New  Hampshire,  Concord,  N.  H. 

SIR  :  I  have  the  honor  to  inclose  herewith  memoranda  of  the  proposition  sub 
mitted  to  me  for  refusing  to  the  towns  of  New  Hampshire  the  amount  of  bounty 
advanced  to  recruits  under  the  present  call  of  the  President,  and'  to  state  that  the 
plan  proposed  is  approved. 

Orders  will  be  issued  immediately  to  the  United  States  disbursing  officers  at 
Concord  to  pay  to  the  State  treasurer  the  first  instalment  of  the  bounty  due,  and 
the  Paymaster-General  will  be  requested  to  provide  for  the  payments  of  the  future 
instalments  as  they  become  due. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

JAMES  B.  FRY, 
Provost-  Marshal-  General. 


WAR  DEPARTMENT,  PROVOST-MARSHAL-GENERAL'S  OFFICE, 

Washington,  D.  C.,  December  10,  1S63. 
Brig.  Gen.  E.  W.  HINKS, 

Superintendent  United  States  Recruiting  Service,  Concord,  N.  R. 

GENERAL:  By  direction  of  the  Provost-Marshal-General  I  inclose  herewith  a  copy 
of  a  letter  to  His  Excellency  Governor  Gilmore  and  memoranda  in  relation  to 
refunding  to  the  towns  of  New  Hampshire  the  amount  of  bounty  and  premium 
advanced  to  recruits  under  the  present  call  of  the  President. 

You  will  please  instruct  the  disbursing  officers  under  your  charge  to  pay  to  the 
State  treasurer  the  first  installment  of  the  bounty  due  in  accordance  with  the  plan 
proposed  in  the  memoranda. 

I  am,  General,  very  respectfully,  your  obedient  servant, 

CHAUNCEY  MCKEEVER, 
Assistant  Adjutant-General. 


[Telegram — Received  "Washington  December  11, 1863.] 

CONCORD,  N.  H.,  December  10,  1863. 
To  Hon.  E.  M.  STANTON, 

Secretary  of  War. 

If  you  will  order  your  red-tape  officers  out  of  New  Hampshire,  except  so  far  as  is 
necessary  to  take  care  of  the  men  after  they  enlist,  I  will  sec  that  our  quota  is  filled 
in  good  shape.  Captain  Colby,  provost-marshal  for  this  district,  is  a  first-rate  man; 
the  only  drawback  is  the  interference  of  the  officers  that  Government  has  placed 
here,  which  is  all  wrong.  Give  us  the  power  to  manage  in  our  own  way,  and  I  pledge 
myself  that  New  Hampshire  shall  furnish,  without  a  draft,  the  men  that  the  President 
has  called  on  us  to  raise.  Please  answer. 

J.  A.  GILMORE, 
«  .  Governor  of  New  Hampshire. 


WAR  DEPARTMENT,  PROVOST-MARSHAL-GEXERAL'S  OFFICE, 

Washington,  D.  C.,  December  11,  1863. 
Governor  J.  A.  GILMORE, 

Concord,  N.  H. 

A  dispatch  to  the  Secretary  of  War,  purporting  to  be  from  you,  and  in  the  following 
terms,  has  been  received,  to  wit : 

"  If  you  will  order  your  red-tape  officers  out  of  New  Hampshire,  except  so  far  as 
is  necessary  to  take  care  of  the  men  after  they  enlist,  I  will  see  that  our  quota  is 
filled  in  good  shape.  Captain  Colby,  provost-marshal  of  this  district,  is  a  first-rate 
man;  the  only  drawback  is  the  interference  of  officers  that  Government  has  placed 
here,  which  is  all  wrong.  Give  iis  the  power  to  manage  in  our  own  way,  and  I 
pledge  myself  that  New  Hampshire  shall  furnish,  without  a  draft,  the  men  that  the 
President  has  called  on  us  to  raise.  Please  answer." 

The  tone  and  language  of  this  dispatch  indicate  that  there  are  abuses  going  on,  as 
you  state,  which  demand  instant  correction ;  I  therefore,  in  the  temporary  absence 


CERTAIN    WAR    CLAIMS.  31 

of  the  Secretary  of  War,  ask  that  you  tell  me  by  name  what  officers  are  interfering 
•with  the  raising  of  troops,  and  in  what  manner  they  interfere. 

Please  also  state  definitely  what  further  power  you  desire  in  the  premises.  I 
believe  the  only  power  the  Government  now  reserves  in  the  matter  of  raising  the 
volunteers  called  for  from  New  Hampshire  is  to  muster  them  in  and  pay  them. 

The  Government  has  endeavored  to  do  everything  that  your  excellency  desired  to 
enable  you  to  raise  your  quota,  and  it  therefore  has  a  right  to  claim  that  the  charges 
you  make  it  and  your  further  wishes  as  to  more  power  may  be  made  so  specifically 
as  to  enable  it  to  take  further  action.  If,  therefore,  the  above  dispatch  is  genuine 
or  written  by  your  authority  will  you  please  give  specific  information  by  telegram? 

JAMES  B.  FRY, 
Provost-Marshul-General. 


HEADQUARTERS  SUPERINTENDENT  VOLUNTEER  RECRUITING  SERVICE, 

Concord,  N.  R.,  December  17, 1863. 

i 
[General  order  Ko.  2.] 

In  accordance  with  directions  from  Provost  Marshal-General  Maj.  J.  H.  Whittlesey, 
chief  mustering  and  disbursing  officer  in  New  Hampshire,  will  pay  to  the  treasurer 
of  the  State  of  New  Hampshire,  in  conformity  to  the  plan  proposed  in  the  accom 
panying  memoranda  marked  A,  the  first  installment  of  the  bounty  and  the  premium 
assigned  by  volunteer  recruits  to  the  towns  to  fill  whose  quota  they  enlisted. 
By  order  of  Brigadier-General  Hinks : 

SOLAN  A.  CARTER, 
Captain  and  Acting  Assistant  Adjutant-General. 


MUSTERING  AND  DISBURSING  OFFICE, 

Concord,  X.  H.,  December  21,  1S63. 

SIR  :  I  have  the  honor  to  report  that  it  will  be  impossible  for  me  to  proceed  in  the 
payment  to  the  State  treasurer  of  the  premium  and  advance  bounty  due  the  volun 
teers  enlisted  under  the  recent  call,  in  conformity  with  your  orders  of  the  17th  instant, 
until  the  allotment  rolls  shall  have  received  such  amendment  and  verification  as 
shall  place  their  validity  beyond  question. 

First.  The  telegram  from  War  Department,  Paymaster-General's  Office,  of  Novem 
ber  5,  1863,  authorizing  the  payment  of  these  assignments,  contemplates  the  payment 
by  the  towns  "  in  cash  to  each  man  mustered  the  amount  of  bounty  offered  by  the 
General  Government,"  and  the  proclamation  of  the  governor  of  this  State  announc 
ing  said  decision  to  the  people  distinctly  indicates  the  same  as  the  condition  of  the 
repayment  of  the  amounts  to  the  towns.  (Copies  of  the  telegram  and  proclamation 
are  inclosed.) 

Second.  No  argument,  therefore,  based  on  the  essential  requisites  of  vouchers  is 
required  to  prove  the  necessity  of  evidenceof  actual  payment  of  the  amounts  receipted 
for.  I  would  remark,  however,  that  all  vouchers  paid  by  any  class  of  United  States 
disbursing  officers  are  covered  in  some  part  of  their  course  by  a  virtual  certificate  of 
the  officer  that  the  money  receipted  for  has  actually  been  paid. 

Third.  The  allotment  rolls  hitherto  presented  to  me  have  no  other  evidence  of  the 
actual  payment  to  the  recruit  of  the  money  assigned  away  but  their  signature, 
while  it  is  a  matter  of  public  notoriety  that  in  the  present  transaction  connected 
with  the  procurement  of  recruits  by  the  towns,  the  recruits  have  not  been  paid  in  full 
"the  amount  of  bounty  offered  by  the  General  Government  "  in  many  instances. 

Fourth.  I  am  forced,  therefore,  to  hold  these  allotment  rolls  invalid  as  an  assign 
ment  of  any  greater  sums  than  the  amount  actually  paid  in  hand  to  the  recruit  on 
being  mustered,  and  must  require  sufficient  evidence  to  establish  the  fact  of  the 
amounts  of  such  payments. 

Fifth.  I  propose  a  requirement,  in  addition  to  the  certificate  of  the  provost-marshal 
011  the  allotment  rolls,  of  a  clause  to  the  effect  that  the  amount  receipted  for  and 
assigned  was  actually  paid  to  the  recruit  in  each  case,  and  that  they  subsequently 
receive  an  indorsement  of  examination  and  approval  from  the  superintendent  of  the 
volunteer  recruiting  service  as  the  final  seal  of  their  validity,  necessary  for  my 
security  and  that  of  paymasters  who  make  future  payments  upon  them. 

Sixth.  I  herewith  inclose : 

"A.  A  blank  allotment  roll  with  the  additions  proposed. 

"B.  An  abstract  of  individual  assignments  to  meet  the  requirements  of  the  plan 
authorized  in  the  approved  memoranda  accompanying  your  order,  and  the  printed 


32  CERTAIN   WAR   CLAIMS. 

form  of  individual  assignments  used  by  the  towns,  with  an  oath  of  verification 
indorsed. 

"  C.  Modified  receipt  roll  to  meet  the  case  of  these  payments  to  the  State  treasurer. 

Seventh.  I  am  unwilling  to  move  in  this  matter  without  extreme  caution  and  the 

full  understanding  and  approval  of  uiy  mode  of  procedure  by  the  Paymaster-General, 

and  I  therefore  request  you  to  forward  this  communication  with  its  inclosures  to 

him  for  his  definite  sanction  or  modification. 

Eighth.  I  am  convinced  that  no  system  of  verification  less  stringent  than  that 
proposed  in  this  communication,  and  more  specifically  in  the  blank  forms  accompany 
ing  it,  will  suffice  to  vindicate  the  rights  of  the  soldiers  who  are  to  fight  our  battles 
and  the  sacred  faith  of  the  Government  toward  them. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

J.  H.  WHITTLESEY, 

Major,  United  States  Army,  Mustering  and  Disbursing  Officer. 
Brig.  Gen.  E.  W.  HINKS, 

U.  S.  Vols.,  Supt.  Vol.  Bee.  Service. 


OFFICE  ACTING  ASSISTANT  PROVOST-MARSHAL-GENERAL, 

STATE  OF  NEW  HAMPSHIRE, 

Concord,  December  22,  1893. 
Col.  JAMES  B.  FRY, 

Provost-Marshal-General,  Washington,  D.  C. 

COLONEL:  I  have  the  honor  to  inclose  you  herewith  a  letter  of  Maj.  J.  H.  Whit- 
telsey,  United  States  Army,  chief  mustering  and  disbursing  officer  on  duty  in  this  State, 
transmitting  proposed  blank  forms  of  payment  of  premiums  and  advance  bounty  to 
State  treasurer,  and  asking  that  the  allotment  rolls  receive  official  verification  by 
the  superintendent,  etc.,  and  particularly  request  your  attention  to  the  para 
graphs  numbered  3,  4,  5,  and  8,  in  the  provisions  of  which  I  heartily  concur. 

I  have  repeatedly  cautioned  the  provost  marshals  that  the  assignments  of  bounty 
and  premium  by  recruits  without  a  full  equivalent  in  cash  being  paid  would  be  held 
by  the  Government  as  null  and  void ;  and  I  think  the  mode  suggested  by  Major  Whit- 
tlesey  of  requiring  provost  marshals  to  certify  to  the  amount  of  cash  actually  paid 
to  the  recruits  is  absolutely  necessary,  to  prevent  the  consummation  of  fraud  upon 
the  soldiers  and  the  Government,  for  which  the  loose  manner  of  conducting  the 
recruiting  business  by  towns,  as  well  as  the  neglect  of  officers  to  adopt  proper  pre 
cautions  to  secure  the  rights  of  the  recruit,  have  offered  too  great  an  opportunity. 
I  request  your  approval  of  the  mode  of  repayment  proposed  by  Major  Whittlesey, 
and  of  the  several  blank  forms  submitted  by  him. 

I  am,  Colonel,  very  respectfully,  your  obedient  servant, 

EDW'D  W.  HINKS, 
Brig.  Gen.  U.  S.  Vols.,  A.  A.  P.  M.  G. 


STATE  OF  NEW  HAMPSHIRE. 

A  PROCLAMATION  BY  HIS  EXCELLENCY  JOSEPH  A.  GILMORE,  GOVERNOR  OF  THE 
STATE  OF  NEW  HAMPSHIRE. 

The  President  of  the  United  States  has  issued  a  proclamation  calling  upon  the 
governors  of  the  loyal  States  to  raise  ior  the  service  of  the  United  States,  before 
the  5th  day  of  January  next,  300,000  volunteers.  The  quota  for  New  Hampshire 
under  this  call  will  be  as  follows : 

For  the  First  Congressional  district 1,  390 

For  the  Second  Congressional  district • 1, 129 

For  the  Third  Congressional  district 1,  249 

Total .' 3,768 

The  quotas  of  the  different  towns  and  wards  will  be  announced  as  speedily  as 
possible  from  the  adjutant's  office. 

I  would  impress  upon  the  loyal  citizens  of  New  Hampshire  the  fact  that  this  call 
of  the  President  is  not  unnecessary.  The  recent  draft  has  furnished  very  few  men 
to  our  armies.  The  term  of  service  of  many  of  our  volunteers  is  about  to  expire. 
If  we  throw  into  the  field  a  fresh  army  of  "  three  hundred  thousand  more"  before  the 
1st  of  January  their  term  of  service  will  be  short,  while  they  will  win  the  same 
honor  and  emoluments  with  those  who  have  "borne  the  burden  and  heat  of  the 
day."  The  moral  effect  of  such  a  reenforceinent  of  our  armies,  following  such  vie- 


CERTAIN    WAR    CLAIMS.  33 

tories  as  Gettysburg,  Vicksburg,  and  Port  Hudson,  will  be  the  deathblow  of  the 
rebellion.  The  volunteers  who  shall  be  mustered  into  the  service  from  this  State 
are  designed  to  fill  up  the  ranks  of  the  New  Hampshire  regiments  which  have  already 
won  immortal  fame,  and  each  recruit  will  be  permitted  to  designate  the  corps  which 
he  wishes  to  enter. 

The  General  Government  gives  to  each  fresh  recruit  $302,  to  each  veteran  $402. 
In  addition  to  these  sums  I  do  hereby,  with  the  advice  and  consent  of  the  executive 
council,  offer  a  bounty  of  $100  to  every  man  who  volunteers  in  response  to  this  call 
before  the  5th  day  of  January  next,  and  I  would  recommend  to  the  several  cities 
and  towns  to  take  immediate  measures  for  promptly  raising  their  full  quota,  by 
offering,  in  accordance  with  the  law  enacted  July  9,  1862,  reasonable  bounties  to  be 
paid,  in  addition  to  the  Government  and  State  bounties;  or  for  the  purpose  of  cash 
ing  the  bounties  offered  by  the  General  Government  so  that  they  shall  be  paid  to 
each  volunteer  in  full  when  he  is  mustered  into  service. 

Let  me  remind  the  citizens  of  New  Hampshire  that  if  this  call  is  not  met  before 
the  5th  of  January,  1864,  a  draft  will  then  be  ordered  in  this  State  to  meet  all  defi 
ciencies  up  to  that  date. 

The  conscription  act  provides  that  the  first  class  of  those  enrolled  shall  be 
exhausted  before  the  second  is  called  upon,  and  every  member  of  the  first  class  may 
consider  himself  as  elected  unless  this  call  for  volunteers  is  promptly  met;  and  there 
is  a  strong  probability  that  Congress,  immediately  on  coming  together,  will  strike 
from  the  conscription  act  the  commutation  clause  and  cause  every  able-bodied  man 
who  is  drafted  to  be  represented  in  the  field. 

It  is  very  evident  that  some  who  have  stayed  at  home  and  talked  war  must  under 
this  call,  report  themselves  for  duty.  It  is  evident  that  those  who  have  deprecated 
and  opposed  the  recent  draft  must  now  show  their  faith  in  volunteering  by  their 
works. 

Men  of  New  Hampshire,  we  can  meet  this  call  upon  us  before  the  1st  of  January, 
and,  God  helping  us,  we  wil  do  it.  Women  of  New  Hampshire,  it  is  your  duty  to  say 
to  the  husbands,  brothers,  sons,  and  friends  whom  your  influence  has  hindered  from 
responding  to  the  calls  of  their  country,  "Go  to  the  rescue  or  be  accounted  false 
to  your  country  and  to  God."  Shall  the  Granite  State,  the  State  of  Langdon  and 
Stark,  prove  recreant  in  such  a  crisis  as  this?  God  forbid. 

Given  at  the  council  chamber  at  Concord,  this  4th  day  of  November,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-three,  and  of  the  Independence  of 
the  United  States  the  eighty- eighth. 

JOSEPH  A.  GILMORE,  Governor. 
ALLEN  TENNY,  Secretary  of  State. 


STATE  OF  NEW  HAMPSHIRE,  ADJUTANT-GENERAL'S  OFFICE, 

Concord,  November  9,  1863. 
[L.  S.    General  Order,  No.  14.] 

Under  call  of  the  President,  dated  October  17, 1863,  for  300,000  volunteers,  to  serve 
for  three  years  of  the  war,  but  not  exceeding  three  years,  the  quota  assigned  to  this 
State  is  3,768.  The  number  assigned  to  each  town  and  city,  according  to  the  enroll 
ment  made  by  the  United  States  marshals,  is  annexed,  the  same  having  been  pre 
viously  forwarded  by  mail  to  the  city  and  town  authorities.  If  this  number  is  not 
raised  by  enlistments  a  draft  is  ordered  to  supply  the  deficiency,  commencing  on  the 
5th  day  of  January  next.  All  volunteers  will  be  mustered  into  regiments  now  in  the 
field,  no  new  organizations  being  authorized.  Recruits  will,  however,  be  allowed  to 
enter  any  existing  regiment  thev  rnav  select  whose  term  of  service  expires  in  1864  or 
1865. 

The  quotas  for  the  men  demanded  by  the  recent  draft,  having  been  assigned  by 
the  various  towns,  is  made  necessary  by  the  failure  to  raise  volunteers,  it  will  be 
for  the  deficiency  in  each  town  from  the  commencement  of  the  draft;  but  it  is  not 
supposed  that  if  the  call  for  volunteering  is  successful,  no  draft  will  be  made  for 
other  deficiencies. 

The  following  telegram  has  been  received  and  is  published  for  the  information  of 
the  mayors  and  selectmen  of  the  several  cities  and  towns  in  the  State : 

WASHINGTON.  November  5,  1863. 
ToMaj.  O.  A.  MACK. 

If  State  furnishes  her  full  quota  of  volunteers  under  the  President's  call  of  October 
17,  1863,  for  300,000  men,  the  draft  ordered  for  January  5, 1864,  will  not  take  place. 

J.  B.  FRY, 

Provost-Marshal-General. 

Onicial.  O.  A.  MACK, 

Acting  Assistant  Provost-Marshal-General. 

H.  Kep.  1957 3 


34  CERTAIN    WAR    CLAIMS. 

The  time  for  raising  volunteers  is  short,  and  will  require  not  only  the  united 
efforts  of  city  and  town  officers,  but  of  every  loyal  citizen  whose  heart  is  in  the 
cause.  It  is  confidently  hoped  and  believed  that,  by  proper  exertions,  New  Hamp 
shire's  quota  under  the  present  call  can  be  filled  ami  the  State  relieved  from  an 
impending  draft. 

The  Commander-in-chief  is  authorized  to  designate  a  sufficient  number  of  recruit 
ing  officers,  who  will  report  to  Maj.  O.  A.  Mack  for  requisite  orders,  instructions, 
and  blanks.  Recruiting  officers  will  also  report  weekly,  on  Saturday,  to  the  adju 
tant-general  of  the  State  the  number  of  men  enlisted  on  the  quota  of  their  respective 
towns  or  cities  during  the  week. 

Each  recruit  who  lias  heretofore  served  in  the  Army  of  the  United  States  not  less 
than  nine  months  and  been  honorably  discharged  will  receive  bounty  of  $402  from 
the  United  States  and  $100  bounty  from  the  State,  total  $502,  to  be  paid  as  follows : 

Date  of  muster  into  service,  one  month's  pay  in  advance $13.00 

First  installment  of  bounty 60. 00 

Premium  . .  2. 00 


75.  00 

State  bounty  prior  to  leaving  the  State 100.  00 

Two  months  after  mustering 50.  00 

Six  months  after  mustering 50.  00 

Twelve  months  after  mustering 50.  00 

Eighteen  months  after  mustering 50.00 

Two  years  after  mustering 50.  00 

Two  and  one-half  years  after  mustering 50.  00 

Three  years  after  mustering 40.  00 

If  the  Government  shall  not  require  these  troops  for  the  full  period  of  three  years, 
and  they  shall  be  mustered  honorably  out  of  service  before  the  expiration  of  their 
term  of  enlistment,  they  shall  receive  upon  being  mustered  out  the  whole  amount 
of  bounty  remaining  unpaid,  the  same  as  if  the  whole  term  had  been  served.  The 
legal  heirs  of  volunteers  who  die  in  service  shall  be  entitled  to  receive  the  whole 
bounty  remaining  unpaid  at  the  time  of  the  soldier's  death. 

Each  recruit  who  has  not  heretofore  served  in  the  Army  of  the  United  States  will, 
if  he  enlists  to  serve  in  old  regiments,  receive  a  bounty  and  premium  of  $302  from 
the  United  States  and  $100  from  the  State,  to  be  paid  as  follows : 

Date  of  muster  into  service,  one  month's  pay $13.  00 

First  installment  of  bounty 60.  00 

Premium  . .  2. 00 


75.00 

State  bounty  prior  to  leaving  the  State 100.  00 

Two  months  after  mustering 40.  00 

Six  months  after  mustering , 40.  00 

Twelve  months  after  mustering 40. 00 

Eighteen  months  after  mustering 40.  00 

Two  years  after  mustering 40.  CO 

Three  years  after  mustering 40.  00 

By  a  recent  telegram  from  the  War  Department  towns  are  authorized  to  pay  the 
United  States  bounty  to  volunteers  in  cash,  receiving  an  assignment  for  the  same 
from  every  recruit  duly  mustered  into  the  United  States  service,  which  will  be  paid 
in  installments  to  the  towns  in  the  same  manner  as  proposed  to  volunteers. 
Per  order  of  His  Excellency : 

JOSEPH  A.  GILMORE, 
Governor  and  Commandcr-in- Chief. 
DANIEL  E.  COLBY, 

Adjutant-General. 


[Memoranda  A.] 
NEW   HAMPSHIRE   BOUNTY  ALLOTMENT. 

The  various  towns  in  New  Hampshire,  in  accordance  with  a  telegram  from  the 
War  Department  to  the  governor,  have  advanced  to  the  volunteers,  to  fill  their  quota 
under  the  last  call  of  the  President,  the  Government  bounty  of  $302,  and  taken 
assignments  from  the  volunteers  of  their  claim  for  such  bounty.  The  towns  now 
desire  that  arrangements  may  be  made  to  pay  them  the  first  installment  of  the  Gov- 


CERTAIN    WAR    CLAIMS.  35 

eminent  bounty  due  upon  the  mustering  in  of  the  recruit,  and  also  to  pay  them  here 
after  the  installments  of  the  bounty  as  the  same  may  become  due. 

First.  From  each  of  the  first  300  or  400  recruits  enlisted  a  written  instrument  of 
assignment  in  proper  legal  form  was  taken,  but  no  allotment  roll  was  signed  by  the 
recruit. 

Second.  After  300  or  400  recruits  had  made  separate  assignments  as  above  allot 
ment  rolls  were  prepared  in  accordance  with  the  accompanying  form  for  recruits  for 
each  regiment,  and  have  been  signed  in  duplicate  by  each  recruit.  Will  the  Depart 
ment  now  give  the  proper  instructions  for  the  payment  of  the  Uounties? 

The  following  general  suggestions  have  occurred  to  the  State  authorities:  That  in 
cases  of  the  recruits  mustered  in  without  allotment  rolls,  the  towns  may  be  allowed 
to  prepare,  under  the  certificate  of  the  town  agents  and  the  mustering  officer, 
duplicate  list  corresponding  to  the  allotment  rolls  subsequently  adopted,  filing, 
also,  with  such  lists  copies  of  the  instruments  of  assignments  given  by  the  recruits, 
to  be  used  as  allotment  rolls. 

That  one  copy  of  each  allotment  list  and  each  allotment  roll  be  deposited  with 
the  State  treasurer  of  New  Hampshire,  and  one  copy  with  the  disbursing  officer  at 
Concord,  N.  H.,'aud  that  the  payment  of  the  first  installment  of  the  Government 
bounty  may  be  made  by  the  disbursing  officer  to  the  State  treasurer,  who  shall 
distribute  the  same  to  the  various  towns. 

That  after  the  first  payment  is  made  by  the  disbursing  officer  at  Concord,  the  lists 
and  rolls  deposited  with  him  be  forwarded  to  the  Paymaster-General  at  Washington, 
so  that  payment  of  the  future  installments  to  the  soldier  may  be  stopped,  and  as 
each  subsequent  installment  becomes  due,  payment  may  be  made,  by  the  draft  of 
the  Paymaster-General  to  the  State  treasurer,  to  be  distributed  by  him  as  before. 


[Copy  of  telegram.] 

WAR  DEPARTMENT,  PROVOST-MARSHAL-GEXEHAL'S  OFFICE, 

Waslnmjtun,  I).  C.,  November  5,  1863. 

His  Excellency  Governor  GILMORE, 

Concord,  N,  H. 

Your  telegram  to  Secretary  of  War,  asking  if  the  State  of  New  Hampshire  or  the 
various  towns  should  pay  in  cash  to  each  man  mustered  the  amount  of  bounty  offered 
by  the  General  Government  and  take  an  assignment  of  his  claim  for  bounty,  will  the 
Government  pay  these  bounties  to  the  State  or  towns  instead  of  to  the  men,  has  been 
received.  The  proposition  will  be  entertained  and  the  bounty  paid  to  the  State  or 
to  the  towns,  as  proposed  by  you,  for  every  recruit  raised  under  the  present  call  and 
duly  mustered  into  United  States  service  and  delivered  at  the  general  rendezvous. 

JAMES  B.  FRY, 
Provost-Marshal- General. 

The  status  of  the  case  has  undergone  no  change  since  the  date  of  the  report 
quoted  above. 

Respectfully  submitted.  F.  C.  AIXSWORTH, 

Colonel,  United  States  Army,  Chief  of  Office. 
The  SECRETARY  OF  WAR. 
RECORD  AND  PEXSIOX  OFFICE,  WAR  DEPARTMENT, 

September  15,  1893. 


CLAIM  OF  THE  STATE  OF  KENTUCKY. 

This  claim  is  for  the  sum  of  $190,650.  It  was  filed  in  the  Treasury  Department  on 
December  28,  1877,  and  was  reported  adversely  by  the  Third  Auditor  to  the  Second 
Comptroller  September  22,  1891,  and  the  said  adverse  action  of  the  Auditor  con 
firmed  by  the  Second  Comptroller,  June  22,  1892,  for  want  of  authority,  etc.  Said 
claim  was  for  matters  as  follows,  to  wit : 

7,433  muskets,  at  $20  each $148,660 

1,430  pistols,  at  $10  each ' 14,  300 

15  cannon,  at  $350  each 5,  250 

480  swords  and  sabers,  at  $5  each 2,  440 

1,000  muskets  furnished  to  Indiana  regiments  after  the  battle  of  Richmond, 

Ky.,  at  $20  each   20,000 

Total 190,650 


36  CERTAIN  WAR  CLAIMS. 

THE  STATE  OF  NEBRASKA. 

The  facts  and  history  of  this  claim  are  set  forth  in  House  Report  No.  485,  Fifty- 
third  Congress,  second  session;  Senate  Report  No.  45,  Fifty-third  Congress,  first 
session. 

THE  STATE  OF  PENNSYLVANIA. 

The  facts  and  history  of  this  claim  are  set  forth  in  House  Report  No.  37,  Fifty- 
third  Congress,  first  session ;  House  Report  No.  166,  Fifty-second  Congress,  first 
session;  House  Report  No.  1357,  Fifty-first  Congress,  first  session. 

THE  STATE  OF  NEW  YORK,  WAR  1812. 

The  facts  and  history  of  this  claim  are  set  forth  in  Senate  Report  No.  1438,  Forty- 
eighth  Congress,  second  session. 

THE  STATE  OF  MISSOURI. 

The  facts  and  history  of  this  claim  are  set  forth  in  House  Report  No.  695,  Fifty- 
second  Congress,  first  session. 

THE  STATE  OF  NEVADA,  INDIAN  WAR  CLAIMS. 

The  facts  and  history  of  this  claim  are  set  forth  in  Senate  Report  No.  197,  Fifty- 
third  Congress,  second  session;  Senate  Report  No.  232,  Fifty-third  Congress,  second 
session. 

FREDERICK  CITY,  MD.,  CLAIM. 

The  facts  and  history  of  this  claim  are  set  forth  in  House  Report  No.  520,  Fifty- 
second  Congress,  first  session ;  House  Report  No.  1917,  Fifty-first  Congress,  first 
session. 

HAGERSTOWN,  MD.,  CLAIM. 

The  facts  and  history  of  this  claim  are  set  forth  in  House  Report  No.  746,  Fifty- 
second  Congress,  first  session;  House  Report  No.  1917,  Fifty-first  Congress,  first 
session. 

MIDDLETOWN,  MD.,  CLAIM. 


facts  and  history  of  this  claim  are  set  forth  in  House  Report  No.  746,  Fifty- 
l  Congress,  first   session;    House  Report   No.  1917,  Fifty-first  Congress,  first 


The 
second 
session 

THE  STATE  OF  PENNSYLVANIA,  WAR  1861. 

The  facts  and  history  of  this  claim  are  set  forth  in  House  Report  No.  167,  Fifty- 
second  Congress,  first  session;  Senate  Report  No.  518,  Fiftieth  Congress,  first  session. 

OREGON  AND  WASHINGTON  INDIAN  WAR  CLAIMS,  1855-56. 

The  facts  and  history  of  this  claim  are  set  forth  in  House  Ex.  Doc.  No.  45,  Thirty- 
fifth  Congress,  first  session,  and  in  House  Ex.  Doc.  No.  51,  Thirty-fifth  Congress 
second  session. 

CALIFORNIA  INDIAN  WARS,  1850  TO  1861. 

The  facts  and  history  of  this  claim  are  set  forth  in  Senate  Ex.  Doc.  No.  84,  Fifty- 
third  Congress,  second  session;  Senate  Ex.  Doc.  No.  122,  Fifty-first  Congress,  first 
session. 

THE  STATE  OF  FLORIDA. 

The  facts  and  history  of  this  claim  are  set  forth  in  House  Report  No.  4,  Fifty-third 
Congress,  first  session;  Senate  Report,  No.  326,  Fifty-third  Congress,  second  session, 
to  accompany  Senate  bill  No.  1286,  which  passed  the  Senate  without  amendment 
February  26,  1895. 

THE    STATES    OF   CALIFORNIA.    OREGON,     AND   NEVADA,    FOR    MONEYS 
PAID  STATE  MILITIA,  WAR  1861. 

The  facts  and  history  of  these  claims  are  set  forth  in  Senate  Ex.  Docs.  11,  17,  and 
10,  Fifty-first  Congress,  first  session. 


CERTAIN    WAR    CLAIMS.  37 

THE  STATE  OF  CALIFORNIA,  WAR  1861,  CLAIM. 

See  Senate  Ex.  Doc.  No.  11,  Fifty-first  Congress,  first  session;  see  Senate  Mis. 
Doc.  No.  162,  Fifty-third  Congress,  second  session ;  see  Senate  Report  No.  287,  Fifty- 
third  Congress,  first  session;  see  House  Report  No.  558,  Fifty-third  Congress,  second 
session. 

CLAIM  OF  THE  STATE  OF  OREGON,  WAR  1861. 

See  Senate  Ex.  Doc.  No.  17,  Fifty-first  Congress,  first  session ;  see  Senate  Mis- 
Doc.  No.  162,  Fifty-third  Congress,  second  session ;  see  Senate  Report  No.  287,  Fifty- 
third  Congress,  first  session;  see  House  Report  No.  558,  Fifty-third  Congress,  second 
session. 

THE  CLAIM  OF  THE  STATE  OF  NEVADA,  WAR  1861. 

See  Senate  Ex.  Doc.  No.  10,  Fifty-first  Congress,  first  session;  see  Senate  Mis. 
Doc.  No.  162,  Fifty-third  Congress,  second  session;  see  Senate  Report  No.  287,  Fifty- 
third  Congress,  first  session;  see  House  Report  No.  558,  Fifty-third  Congress,  second 
session. 

CLAIM  OF  THE  STATE  OF  PENNSYLVANIA  FOR  MONEYS  PAID  ITS  CITI 
ZENS  FOR  PROPERTY  LOST  IN  THE  WAR  OF  1861-1865. 

See  House  Report  No.  37,  Fifty- third  Congress,  first  session ;  see  House  report 
No.  166,  Fifty-second  Congress,  first  session;  see  House  Report  No.  1357,  Fifty-first 
Congress,  first  session. 

CLAIM  OF  THE  STATE  OF  KANSAS  FOR  MONEYS  PAID  ITS  CITIZENS  FOR 
LOSSES  OF  PROPERTY  IN  THE  WAR  OF  1861-1865. 

See  House  Report  No.  602,  Fifty-second  Congress,  first  session ;  see  House  Report 
No.  1912,  Fifty-first  Congress,  first  session. 

CLAIMS  OF  THE  STATES  OF  NEW  YORK,  PENNSYLVANIA,  DELAWARE, 
SOUTH  CAROLINA,  AND  THE  CITY  OF  BALTIMORE  FOR  PAYMENT  OF 
BALANCES  DUE  ON  ADVANCES  MADE  BY  THEM  IN  THE  WAR  OF  1812. 

See  Senate  Ex.  Doc.  No.  17,  Fifty-first  Congress,  second  session ;  see  Senate  Ex.  Doc. 
No.  14,  Fifty-second  Congress,  second  session ;  Senate  Report  No.  456,  Fifty-first  Con 
gress,  first  session;  House  Report  No.  220,  Fifty-second  Congress,  first  session; 
House  Report  No.  1706,  Fifty-first  Congress,  first  session. 

CLAIM  OF  THE  STATE   OF  NEW  YORK  FOR  MONEYS  PAID  HER  MILITIA 

IN  THE  WAR  OF  1812. 

See  Senate  Report  No.  1438,  Forty-eighth  Congress,  second  session. 

CLAIM  OF   THE    STATE   OF    CALIFORNIA  FOR  MONEYS  PAID  FOR  SUP 
PRESSING  INDIAN  INSURRECTIONS. 

See  Senate  Ex.  Doc.  No.  122,  Fifty-first  Congress,  first  session;  see  Senate  Ex.  Doc. 
No.  84,  Fifty-third  Congress,  second  session. 

CLAIMS  OF  VARIOUS  STATES  FOR  INTEREST  ON  MONEYS  ADVANCED  BY 
THEM  FOR  THE  BENEFIT  OF  THE  UNITED  STATES,  WTAR  OF  1861-1865, 
TO  AID  IN  MAINTAINING  -'THE  COMMON  DEFENSE." 

See  House  Report  No.  309,  Fiftieth  Congress,  first  session;  see  House  Report  No. 
555,  Fifty-second  Congress,  first  session;  see  Senate  Mis.  Doc.  No.  162,  Fifty-third 
Congress,  second  session. 


